divorce

[sofia12]

I just want to know what is the step someone has to do in a situation like this?

A non eu woman is married to a danis man and is been living in DK without kids for 5 years. The woman goes to gymnasium,gets su n works 15 hours a week. She had full time jobs for the last 3 years also.
She met another Danish man and got pregnant with him eventually. The woman wants a divorce now so she can be with the child's father, she is now 7 months pregnant and the husband doesn't know yet.

If she files for a divorce, can she marry the father of the baby right away? Or she needs to give up her 4 year opholdstilladelse n go back to her own country? The thing is, she talked to a lawyer, the lawyer said she can stay here n have a new ophold. The catch of ofcourse is she has to pay the lawyer. Another question is if she fix this on her own will it be more complicated and there's a big chance she might send home? Because paying a lawyer
10.000 is too much.

[fundiver199]

Normally there is a 12 month separation period, before you can get a divorce in Denmark. However the decieved part, that is her current husband, can file for an immideate divorce. If she will need to go home or not depend on, how long the divorce take, and how fast Udlændingestyrelsen is to revoke her recidence permit. Once the recidence permit has been revoked, she can neither get married in Denmark nor apply for a new residence permit while staying here.

So in this particular situation it is benefitial for her, if they work slow. But naturally she can not "demand", that they work slow, and nor can any lawyer. So she might need a divorce lawyer, but there is hardly anything an immigration lawyer can do for her.

And about her current husband... well maybe he will be cooperative. Or maybe he will "put a stick in the wheel" by not filing for immideate divorce, exactly because he want to "punish" her and not allow her to "jump" directly into a new marriage and stay in Denmark on the grounds of that marriage.

[mh1]

1) In DK one cannot go directly to the courts to get divorced. One has to apply to 'Statsforvaltningen' first. That goes for the spouse who has been cheated on as well: s/he has to apply to 'Statsforvaltningen' for an immediate divorce.
2) One does not need a lawyer to get divorced, UNLESS the other spouse will not cooperate about the divorce.
3) Not even the best lawyer can speed up the process. If it is not the deceived spouse, but the unfaithful one, who wants to divorce, the case has to be sent from 'Statsforvaltningen' to the court, the court will decide for separation, and only after a minimum of 6 months of separation, more likely 12 months, one may apply for divorce (again to 'Statsforvaltningen').

Read here: http://statsforvaltning.dk/site.aspx?p=6396

[sofia12]

Thanks for your insights. Unfortunately she has to leave Denmark. US is not being so helpful so we don't know what is the next step. What will happen to her SU loan and bank loans then? Obviously if she has to go back to Thailand she will not be able to afford
Paying them.

[mh1]

The loans will not disappear because she doesn't pay.

The state, which is the creditor for the SU-loan, will turn over the debt to the tax authorities, and the bank might choose to take the case to the court in order to prevent statute of limitation. This means that the debts will never 'disappear' or be cancelled if not paid.

One may ask for cancellation of a SU-loan, but NOT if one's situation is not clear, and usually only if there is no hope that one will ever be able to pay it back (for example because one has a very big debt and has become unable to work because of illness or accident). As long as your friend is trying to get back to DK she can not even hope to get a cancellation.

[sofia12]

So that mean she has to pay ofcourse.but how can one do that of theyre getting kick out of the country? So is there a possibilty that she can stay here work and pay debts? Lets says 6-12 months it is paid maybe. But she will be giving birth in 2 months.

[mh1]

Having a debt is - of course - not sufficient grounds for a residence permit. Otherwise people would be taking up loans just to get a residence permit.

It is neither the bank, nor the SU-office nor any one else's fault that your friend took the SU-loans and the other loans. Paying it back is her problem and hers alone.

Becoming pregnant before sorting out her life is also something that she has decided herself.

I have been paying back my bank loan from DK, which I took to buy a flat in Turkey, and except for the first 3 months I have been living in Turkey, so living abroad is absolutely no hindrance for paying your debt.

[Psalm12]

While we were still in the USA we paid off an old Danish bank loan my husband had from before we got married. We just sent them a check in US dollars every month, and they converted it and deducted conversion fees, and after awhile we managed to pay it all off.