Petra
recently joined
Reged: 09/16/06
Posts: 8
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I have following problem:
I am am a citizen and resident of the Federal Republic of Germany. My estranged Husband lives in Panama City Beach, Florida now and filed for Divorce at Bay County Court in October 2005. As I live in Germany ( I have never lived in the US, he was US Military stationed in Germany with the Air Force, retired and worked as a civilian for an US installation in Germany) I can not be present at Court in person and I also do not have a Lawyer or any kind of legal assistance concerning the Divorce case in the US. His Lawyer has sent me paperwork but subject to a german pre-nuptial "Agreement of Separation of Goods" (official document signed by both parties in front of a german notary public. I have sent a copy to his Lawyer, but only in German Language).
The County Clerk's Office has informed me this german pre-nup is not valid in Florida and therefore I need to sign the financial forms to continue the procedure.
My german Lawyer advised me not to sign that paperwork because of 1. the pre-nuptial agreement and 2. a legal case of "community of heirs" (parent's inheritage) in Germany which I am involved with and therefore I do not want to and cannot lay out my financial background until this matter is settled and it will not for awhile (the pre-nuptial agreement is valid in Germany concerning this case). As I have been informed in the meantime by the County Clerk's Office he is not represented by his or any Lawyer anymore. My estranged Husband knows about my reasons of not signing the financial Affidavits etc. As far as I have been reading in different articles about contested and uncontested Divorces it will be expensive if it is contested. I hope I understood that correctly.
To avoid any kind of highly expenses for my estranged husband (it was clear that he would file for divorce in the US!) my question now is, how much time needs to pass until my estranged husband can file for divorce without me providing those papers. For example, in Germany you need to wait 3 years before you can file for a "Divorce without agreement from spouse" as we call it. I do not disagree to the Divorce in the first place as the marriage is definitely done and over with and I also want nothing from him. We split our property and cleared all financial assets when he moved out (I reimbursed him for some of the items which he was not able to ship back to the US. This is in written form and signed, also by a witness).
I am just going to agree signing the final paperwork if that is necessary! I contacted the Office of the County Clerk and also the German Embassy in Miami who only informed that they will send me the final papers once the divorce took place.
I hope somebody can help me because I couldn't get much more information! Thanks in advance for any kind of information provided!!!!
This is my email if someone wants to contact me directly: earlybird20@hotmail.com
Petra
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I lived at Spangdahlem for over three years so I know a bit about this...
1. He does not need you to agree to anything and he can file for a divorce and get a default judgement for divorce without your permission. This can take a year or it can take a month different states have different laws.
2. Nothing you file in Germany will affect him in the US and nothing he files in FL will affect you in Germany so I do not understand what the problem is.
Just get divorced. He lives in FL, you live in Germany what is really left to work out? I am guessing you each have your own separate property with you, your own debt, etc. What is the deal?
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13.1...because I am only half crazy!
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Petra
recently joined
Reged: 09/16/06
Posts: 8
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Hi!
Thanks for your reply! Well, I just wanted to describe my situation and my problem of gathering information about certain issues. I live in Germany and I know everything about what to do here and I also have a german lawyer.
But subject to issues in our marriage (I have to state that in fact the issues were major ones: domestic violence, both verbally and physically, him being an alcoholic and diagnosed as a manic-depressive undergoing treatment only when he thought it would be approbiate) I refuse to file for divorce here.
First because I am so tired of being the one doing everything in this marriage, he was just there and made no attempts to make things work from his side, I was running the "show" by myself and completely forgot about my own person.
Second it would cost me more money than it would cost him (my funds are frozen at the moment due to the legal case of community of heirs but still would be a basis of calculation!) and I already paid for the marriage documents (approvals, translations etc.). I think it is only fair and even, I had my share in the beginning and he gets his share in the end!
It is nothing left to work out and I don't want this either. Like I said before I will not sign any kind of financial papers due to our pre-nuptial Agreement. I wouldn't make him do that either if I filed here. If there are no children involved like in our case, it is not necessary here in Germany if you don't have any financial info from the other party!
I have no advantages or disadvantages here in Germany if I remain married because I kept the same tax class being married (the single tax class, I pay more taxes than in the marriage tax class) due to the special Troop Agreement between US Military and German Government.
All I want to know is how long he needs to wait till he can do the entire procedure without me signing anything!
Greetings from Germany,
Petra
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Hallo-
I am not exactly sure how long a default judgment would take in Florida. I know a person who just got a default divorce in the matter of 9 weeks in New Mexico. Waiting periods can be waived by a judge, and since you are in Germany the judge would have no reason not to waive the waiting period.
Are you planning on having the American divorce decree translated into German?
Tchuss
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13.1...because I am only half crazy!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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State Divorce Laws: Florida
Residency and Filing Requirements: In order to file for a dissolution of marriage in Florida, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. The dissolution of marriage can be filed in the county in which either or both spouses reside. (Florida Statutes - Chapters: 61.021)
Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Florida grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. (Florida Statutes - Chapters: 61.052)
Filing Spouse Title: Petitioner. The Petitioner is the spouse who initiates the filing procedure with the family law or domestic relations court.
Non-Filing Spouse Title: Respondent. The Respondent is the spouse who does not file the initial dissolution of marriage papers, but rather receives them by service.
Court Name: In the Circuit Court in and for the County of __________, Florida. This is the Florida court where the dissolution of marriage will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.
Primary Documents: Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage. These are the essential documents needed to start and finalize a dissolution of marriage according to Florida law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Affidavit of Corrobrating Witness, Marital Settlement Agreement, Family Law Financial Affidavit, Answer, Waiver, and Final Disposition Form.
Court Clerk's Title: County Clerk's Office of the Circuit Court. The clerk or the clerk's assistants will be the people managing your paperwork with the court. The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.
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13.1...because I am only half crazy!
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Petra
recently joined
Reged: 09/16/06
Posts: 8
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Hi!
Thanks again for your reply!
A default judgement, guess that is what I have asked about! Well, I haven't heard from my husband since April and have no knowledge of his whereabouts so I just have to wait and see what he intends to do in the future! I can wait, I have no problems with that!!! I just wanted to know what the time period is!
Yes, the final papers need to be translated and taken to german District Court for Approval, which is no problem but it takes some time.
Tschüß und danke!
Petra
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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If you have not seen or heard from him, how do you not know if you are already divorced or not?
I look into contacting the county clerk's office in FL and see if you are in fact divorced already, or see if your husband has even filed for divorce.
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13.1...because I am only half crazy!
Edited by Miranda (09/18/06 01:09 PM)
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Petra
recently joined
Reged: 09/16/06
Posts: 8
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Hi!
I have contacted both the Clerks Office of Bay County and the German Embassy. The Divorce is still in progress and both institutions told me that as soon as the Divorce is final they gonna send me the final documents, either directly from the Clerks Office or the Embassy will assist me receiving the documents. But my husband got rid of his lawyer and wants to represent himself. I have the case no. and keep checking online and there is no progress!
I have been told today by my german lawyer that I can't file for Divorce in Germany anymore since he filed for Divorce already in the US. Two Divorce filings for the same case are not possible by international law. So therefore I just wait and see what happens!
Thank you very much for your assistance!
Greetings from Germany,
Petra
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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You know, my good friend, Tonja, is German and now lives in the US. She had a divorce in Germany and she also had one in Oklahoma. I guess since you already know your ex has filed and your attorney knows that you cannot file in Germany. That is too bad as you could have just filed in Germany and have been done with it.
Do you live in K-Town?
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13.1...because I am only half crazy!
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Petra
recently joined
Reged: 09/16/06
Posts: 8
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Hello!
Too late now but like I said, it's ok, I just wait, nothing bad will happen anyways! I just wanted to know how long it could appr. take till it is over with, you know! Other than that it is not really bothering me!
No, I don't live in Kaiserslautern/K-Town. My husband was assigned to Ramstein for 2 years after his Korea Tour and retired there. We met when he was assigned to Rhine-Main Airbase in Frankfurt. I live nearby Nuremberg/Nuernberg.
Greetings from Germany,
Petra
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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They just closed Rhein Main. That is where we flew in and out of while we lived in Germany. My husband was part of the Rhein Main transition to Spangdahlem.
I'd kill for some Haribo right now:)
Good luck to you and make sure you update when you find some news.
Tchuss...
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13.1...because I am only half crazy!
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Petra
recently joined
Reged: 09/16/06
Posts: 8
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Hello! 
Yes, it was in the news here. It took them a couple of years to close it down, my husband was stationed there in 99 and they were closing it down at that time already! LOL!
Well, almost everything moved from Rhein-Main to Ramstein. While my husband was assigned there they started all kinds of construction like a new terminal and a big amount of new dorms. Well, that is the main base now and not many are left here now!
... and I crave for some Monterey Jack Cheese with Jalapenos!!! LOL!
This is my email address just in case you would like to stay in touch and easier to keep updated:
earlybird20@hotmail.com
Petra
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