Dear all,
I am married to a danish guy for 5 years and been living here in DK for 4 years and 9months. The first year of marriage was good but after that we live like room mates and marriage was sour. We are total strangers at home. A week ago, i found out i am pregnant...with another danish man. And hes willing to take responsibility for what happened. I have no kids in my current marriage, I go to school and have a part time job on the side, i never asked any help from the state, i have my a-kasse as well.I just renewed my temporary visa which is going to expire in February next year. And by march i am entitled to apply for permanent oph. Anyway, if i file for divorce and tell them because i am pregnant with another danish man, will i be sent home? Can my estranged husband sue me for cheating? Will i go to jail?
By the way, i was fixing our stuffs in the kælder and found a separation paper dated 1996 from his first wife. I didnt know i am third, because i found out he begged to people n to his second ex wife not to tell me EVER. Can i do something about this also?
Will appreaciate any help. Thanks in advance
Pregnant
Re: Pregnant
Surely, you will not be going to jail for cheating on your husband. We're not in Midievil times anymore!
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mh1
- Indlæg: 10609
- Tilmeldt: 25.09.2007 11:20:33
- Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Pregnant
In your stead I would wait and do nothing about divorce, until the permanent residence permit application is sent.
You do not have to tell the authorities anything whatsoever about your pregnancy. AND it will not entitle YOU to an immediate divorce. You have to go the long way about: separation for a minimum of 6 months, then divorce (and court case to separate + 12 months of separation if your husband will not consent to separation and/or divorce).Your husband may use the info to apply for an immediate divorce.
The only 'penalty' for cheating is that the other spouse may divorce you - and in some cases it will influence the division of assets and the right to alimony - you will not be entitled anyway, and hopefully your husband is not either.
You do not have to tell the authorities anything whatsoever about your pregnancy. AND it will not entitle YOU to an immediate divorce. You have to go the long way about: separation for a minimum of 6 months, then divorce (and court case to separate + 12 months of separation if your husband will not consent to separation and/or divorce).Your husband may use the info to apply for an immediate divorce.
The only 'penalty' for cheating is that the other spouse may divorce you - and in some cases it will influence the division of assets and the right to alimony - you will not be entitled anyway, and hopefully your husband is not either.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG
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anonymous112
- Indlæg: 6
- Tilmeldt: 13.09.2012 20:02:00
Re: Pregnant
Thank you for the reply. I am just afraid they will find it out sooner or later also in the doctor n hospital ofcourse they will ask whats the name of the father. So theres no other best way than wait in march and file for my permanent application?
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fundiver199
- Indlæg: 15458
- Tilmeldt: 15.07.2008 15:58:34
Re: Pregnant
Your current residence permit will be revoked, if you are no longer cohabitating with your husband, whatever the reason for that might be. The processing of an application for permanent residence permit can take up to 12 month, and staying with him for that long will presumably be a bit awkward to say the least with a baby coming. So while it will mean, that you need to wait another 5 years to get a permanent residence permit, I really think it is better for you to divorce your current husband as soon as possible, marry your new boyfriend instead, and then apply for a new residence permit based on the new marriage. That is if both of you are interested in getting married of course.
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anonymous112
- Indlæg: 6
- Tilmeldt: 13.09.2012 20:02:00
Re: Pregnant
Ja that is really my plan because im doing it for the baby. But does that mean i will be sent home and get married there and re-apply again?
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mh1
- Indlæg: 10609
- Tilmeldt: 25.09.2007 11:20:33
- Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Pregnant
Just to clear up something: neither the midwife nor the doctors NEED to know who is the father of your baby.
This information needs to be given to 'statsforvaltningen' when your child is born.
Normally there would be no problems, but because you have been married to another man than the father within the last 10 months before your baby will be born, there are some legal formalities.
Rule no: 1 is that the husband is the father.
However, even if you can manage to divorce and remarry, this rule will not apply to you, because you have been married to another man at the time of conception.
To prove who is the father, it is not enough to just give the name of the actual father. You may have to accept that a DNA-test be made.
It is all formalities, but you should be forewarned. With a bit of luck, if you are married to the actual father nobody will notice anything and you just both of you declare yourselves as parents. In this situation if nobody asks, don't tell. Just don't lie about anything.
The authorities have to be informed, when you move out of your current husbands home. Then the paperwork to cancel your residence permit will begin - it does not automatically become invalid - and if you are lucky, you will be able to divorce, remarry and apply for residence permit based on your new marriage, all without leaving DK.
It does, however, require that your current husband really IS a mate, and accepts to be the one suing for an immediate divorce, so that you will be able to remarry quickly - in DK you can in theory go from 'statsforvaltningen' with a freshly printed divorce declaration directly to the city hall and apply to get married.
This information needs to be given to 'statsforvaltningen' when your child is born.
Normally there would be no problems, but because you have been married to another man than the father within the last 10 months before your baby will be born, there are some legal formalities.
Rule no: 1 is that the husband is the father.
However, even if you can manage to divorce and remarry, this rule will not apply to you, because you have been married to another man at the time of conception.
To prove who is the father, it is not enough to just give the name of the actual father. You may have to accept that a DNA-test be made.
It is all formalities, but you should be forewarned. With a bit of luck, if you are married to the actual father nobody will notice anything and you just both of you declare yourselves as parents. In this situation if nobody asks, don't tell. Just don't lie about anything.
The authorities have to be informed, when you move out of your current husbands home. Then the paperwork to cancel your residence permit will begin - it does not automatically become invalid - and if you are lucky, you will be able to divorce, remarry and apply for residence permit based on your new marriage, all without leaving DK.
It does, however, require that your current husband really IS a mate, and accepts to be the one suing for an immediate divorce, so that you will be able to remarry quickly - in DK you can in theory go from 'statsforvaltningen' with a freshly printed divorce declaration directly to the city hall and apply to get married.
mh
Rådgiver for ÆUG
Rådgiver for ÆUG
Re: Pregnant
first of all..am really sorry for you coz u get married to a man who lives in a country where foreigners are completely oppressed..my solution is to try to get abortion and stay with this man untill u get this permanent residence and i doubt that u will coz of all these discriminatory laws against foreigners..