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Iam an asyl i have aufenthalt gestatung and it's about two years I'm living in germany..and one year before I marrige with a Turkish deutsche. Girle at first we had good relation after we got married everything has change and I isn't live with her I love in my asylamt cuz she was full of crime and some times we fight in phones them I received a post from criminal police  .and I went there police ask me why I'm not living with my wife I said I can't cuz she s mad she don't respect etc..then police said they have doubt  that we sis martige its a contract . Isaid no its wrong we loved each other but now i dont wana stay with her  she too .and my  problem is here I want to stay away from her and divorce but she said I don't have time to divorce  you ...now what should I do if I appeal to court for divorcing her...whay risk can be for me  ...plz I need idea
asked Aug 14, 2017 in Legal advice by Sali (110 points)
I mean it's about 1 year I'm marrige but we don't live togethers for some problems and I ask my wife if we don't live together we need to get divorce but she don't have time for my talking  ...now I don't k ow what I do if I ask from my side to court for divorce what risk have for me...plz I need help...and also my result from my interview still not come

1 Answer

+1 vote
Hello @Sali

Welcome to our community!

The easiest way to divorce is when both spouses agree. In your case (since your wife does not agree on the divorce) you need to prove that the marriage has definitely failed, which means that there is no chance for it to be saved.

The usual procedure is that you have to live seperated from each other for one year. If your wife still disagrees after that year, you have to provide evidence that your marriage has failed. That could be that she is expecting a baby by someone else or something like that.

If that's not possible you have to live seperately for 3 years. After this time-period you can hand in the divorce petition at family court ("Familiengericht") on your own.

You wrote about some serious tension between you two. This could build the ground for a special case where you can file a case of hardship ("Härtefall"). If a court decides that it is unacceptable for you to be married to your wife any longer then the deadlines stated above do not apply anymore.

Source (German language): http://www.focus.de/finanzen/experten/trennung-der-ehepartner-muss-der-scheidung-nicht-zustimmen_id_6244663.html

Concerning your interview: Unfortunately it's not unusual that BAMF takes some time to decide on your case. Broadly speaking you can file a so called "Untätigkeitsklage" at Verwaltungsgericht after 6 months. But since you need to consult a lawyer for that (which will be quite expensive) it's usually the only option to just wait.

Best regards,
Thorgen
answered Aug 17, 2017 by Thor (45,630 points)
Thank you sir for your kind information ...an now she s going to Turkey for ever she ask me to come I said no I don't wana leave germany and live with you I wana divorce you then she said I have no time I'm going ...and now what I do ...im just confused  if she dont come back how i do divorce i cant stay alone all tike i have yo another marrige ...plz can you give me a good idea
I mean I have to marry again ...i can't stay alone for ever if she s not here then how I give her divorce...
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