Divorce/Seperation

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Elias..
Indlæg: 3
Tilmeldt: 29.08.2017 08:42:11

Divorce/Seperation

Indlæg af Elias.. » 29.08.2017 10:48:26

Hi :P ,
I need help on the way forward as am in a struggle with my wife on divorce or separation.
I have lived in Denmark for 3.7 years and I came here on grounds of marriage, but about 6 months ago my wife started an extra marital affair which I found out. On the 27. august she signed the divorce papers and tried to log-in my e-boks to give consent that I was ok with it but she ended up blocking my e-boks account. She also booked me a plane ticket cuz as per her words, she said that if we get divorced, she has the mandate to book me on the first plane out of Denmark. I wouldn't like to leave Denmark cuz am currently studying and have 1.5years left of my education.
My question is, is she allowed to do so or what kind of assistance can I get so ass to prolong my stay in Denmark?

fundiver199
Indlæg: 15459
Tilmeldt: 15.07.2008 15:58:34

Re: Divorce/Seperation

Indlæg af fundiver199 » 29.08.2017 13:00:36

For sure it is not up to your ex, if you stay in Denmark or go somewhere else. You are an independent adult, and your presence in Denmark is only a matter between you and Danish authorities. As the main rule it will be revoked. However your personal situation can lead to another outcome, mainly if you have children with your ex. Also the processing time in Udlændingestyrelsen and then Udlændingenævnet can be up to 2 years. So its quite possible, you will have time to at least finish your education first, before the revocal become final.

Elias..
Indlæg: 3
Tilmeldt: 29.08.2017 08:42:11

Re: Divorce/Seperation

Indlæg af Elias.. » 29.08.2017 13:35:29

We don't have any children, if after the meeting with the statsforvaltningen we decide on separation then after the divorce, I will have ample time to finish my education?
Also will I continue receiving SU until the separation period is over or?
Thanks fundiver 199

mh
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Re: Divorce/Seperation

Indlæg af mh » 29.08.2017 22:16:14

What your wife has tried to do is a criminal act. Anyway, if she has calmed down, let it rest. But keep your NemID safe!

And if you have managed to put your most important belongings in safe keeping (do that - otherwise you may find them thrown out of the window or dosed with bleach or both), when you go to Statsforvaltningen you can just refuse to sign the divorce application. That will mean that your wife has to take the case to the court, which will prolong the procedure. You do not need to worry about expenses, as you will be eligible for legal aid, that is: the state will pay for your attorney - DO NOT use the same as your wife! Ask again when it actually happens.

You should be able to keep receiving SU, as you only have to be married when you apply for it.

Depending on the study, you may be able to get a residence permit to finish your studies, if you have not managed to do so before the authorities begin to act on canceling your present permit.
mh

Elias..
Indlæg: 3
Tilmeldt: 29.08.2017 08:42:11

Re: Divorce/Seperation

Indlæg af Elias.. » 30.08.2017 09:11:01

Thank you mh for the feedback.
Ok, so if we don't agree on anything at the statsforvaltningen and she pursues the case in court, will the 6 months count while the case is still in court or it counts from the day she sent me the divorce papers?
And with my residence permit, does it change if we are granted a separation?

Hlesty
Indlæg: 42
Tilmeldt: 17.11.2014 12:35:07

Re: Divorce/Seperation

Indlæg af Hlesty » 03.09.2017 10:58:46

Hej all members iam going through a hard time , been married with my soon to be ex (whom is a danish citizen) from june 20th 2015 , but weve been together since 2013, we have a 1 and half year old daughter together and i have an eu residence permit expiring 2021, i love my kid so much and am wondering if i'll be kicked out after the divorce .. what advice can you offer ? i'll really appreciate your inputs tusind tak.

SigneLassen
Indlæg: 77
Tilmeldt: 18.02.2015 15:11:40

Re: Divorce/Seperation

Indlæg af SigneLassen » 03.09.2017 11:44:42

Hlesty skrev:
03.09.2017 10:58:46
Hej all members iam going through a hard time , been married with my soon to be ex (whom is a danish citizen) from june 20th 2015 , but weve been together since 2013, we have a 1 and half year old daughter together and i have an eu residence permit expiring 2021, i love my kid so much and am wondering if i'll be kicked out after the divorce .. what advice can you offer ? i'll really appreciate your inputs tusind tak.
Hi Hlesty
Since what day have you been having EU residence in Denmark?
The law is that you will be able to stay in Denmark, if you have been married for 3 years, and living in Denmark for 1 year - under the EU-rules. It seems like you have, so no need to worry. :)

You can also just move apart and get individual adresses, that's no problem under this law neither. So you can take time apart and see where it can go afterwards.

Hlesty
Indlæg: 42
Tilmeldt: 17.11.2014 12:35:07

Re: Divorce/Seperation

Indlæg af Hlesty » 03.09.2017 13:40:34

SigneLassen skrev:
03.09.2017 11:44:42
Hlesty skrev:
03.09.2017 10:58:46
Hej all members iam going through a hard time , been married with my soon to be ex (whom is a danish citizen) from june 20th 2015 , but weve been together since 2013, we have a 1 and half year old daughter together and i have an eu residence permit expiring 2021, i love my kid so much and am wondering if i'll be kicked out after the divorce .. what advice can you offer ? i'll really appreciate your inputs tusind tak.
Hi Hlesty
Since what day have you been having EU residence in Denmark?
The law is that you will be able to stay in Denmark, if you have been married for 3 years, and living in Denmark for 1 year - under the EU-rules. It seems like you have, so no need to worry. :)

You can also just move apart and get individual adresses, that's no problem under this law neither. So you can take time apart and see where it can go afterwards.
Hej Signe thanks for replying fast , we were living in sweden for 2 and half years but the process was so slow , so we decided to move back to denmark last year summer so i have been having my eu residence permit since last year , we have a 17 month old girl and, so its not a problem even if she files for divorce? , i was also wondering if any of you know how it works if i happen to decide to go to my homecountry in africa, how does the joint custody work?

mh
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Tilmeldt: 25.09.2007 11:20:33
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Re: Divorce/Seperation

Indlæg af mh » 08.09.2017 20:08:03

@ Elias, it will change, but in separation cases usually the authorities do not act until divorce is finalized, and after that it usually takes months before you receive a letter warning that they consider cancelling your permit.
mh

SigneLassen
Indlæg: 77
Tilmeldt: 18.02.2015 15:11:40

Re: Divorce/Seperation

Indlæg af SigneLassen » 22.09.2017 18:36:31

Hlesty skrev:
03.09.2017 13:40:34
SigneLassen skrev:
03.09.2017 11:44:42
Hlesty skrev:
03.09.2017 10:58:46
Hej all members iam going through a hard time , been married with my soon to be ex (whom is a danish citizen) from june 20th 2015 , but weve been together since 2013, we have a 1 and half year old daughter together and i have an eu residence permit expiring 2021, i love my kid so much and am wondering if i'll be kicked out after the divorce .. what advice can you offer ? i'll really appreciate your inputs tusind tak.
Hi Hlesty
Since what day have you been having EU residence in Denmark?
The law is that you will be able to stay in Denmark, if you have been married for 3 years, and living in Denmark for 1 year - under the EU-rules. It seems like you have, so no need to worry. :)

You can also just move apart and get individual adresses, that's no problem under this law neither. So you can take time apart and see where it can go afterwards.
Hej Signe thanks for replying fast , we were living in sweden for 2 and half years but the process was so slow , so we decided to move back to denmark last year summer so i have been having my eu residence permit since last year , we have a 17 month old girl and, so its not a problem even if she files for divorce? , i was also wondering if any of you know how it works if i happen to decide to go to my homecountry in africa, how does the joint custody work?
Hi Hlesty

You need to have been married for 3 years, so you need to wait another 9 months. :)

mh
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Tilmeldt: 25.09.2007 11:20:33
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Re: Divorce/Seperation

Indlæg af mh » 22.09.2017 20:21:34

And, about joint custody: in case you go back to your country, but your child stays in DK, most likely the parent who the child stays with will get full custody. It would make life too complicated otherwise, as you would have to co-sign on many things. You would still have visitation rights and have to pay child support.
mh

Hlesty
Indlæg: 42
Tilmeldt: 17.11.2014 12:35:07

Re: Divorce/Seperation

Indlæg af Hlesty » 26.08.2018 13:11:56

finally got divorced , we have 50/50 but my ex wife took our daughters passport and hide it at her parents place in bornholm ,is there something i can do? and she has been saving text messages and recording me even when i visit my kids at her place so she can use it against me , she has been seeing a lawyer with the help of her family and friends , and her friends have advised her to start a case in SF, i don't know what that means .... the passport is hidden in bornholm because ive been saying that i want to go with my 2/5 year old daughter to visit my family in kenya , so am wondering if we have 50/50 why should she hide the passport in bornholm? is there anything i can do ? I would like to know about SF because her friend has been advising her to start a case there.......I WILL REALLY APPRECIATE YOUR HELP THANKS ............

mh
Indlæg: 9839
Tilmeldt: 25.09.2007 11:20:33
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Re: Divorce/Seperation

Indlæg af mh » 26.08.2018 19:53:06

SF is most likely Statsforvaltningen, State Administration, which is where divorce and custody cases must begin.

Read more here: https://www.statsforvaltningen.dk/site.aspx?p=6398

You are not allowed to bring your child anywhere outside of DK without the other parent’s consent when you have joint custody. Only parents who have full custody may do that. Clearly the mother will not consent to your bringing your and her child out if Denmark, and I doubt that bringing the matter to the court will result in the court deciding in your favour. The court will make its decision based on what they consider to be in the child’s best interest, not on basis of the wishes of the parents.
mh

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