Divorce questions, help needed!

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savaleancor
Indlæg: 2
Tilmeldt: 27.05.2015 19:19:50

Divorce questions, help needed!

Indlæg af savaleancor » 27.05.2015 21:50:57

Hej, everyone. Honestly I really hope to get some help on my question. The situation is hardcore! :)
me and my husband don't live together since 9 months, and since he has left I don't even know where he lives now. He is from Spain, but was living in Denmark for about 4 years. I don't know his CPR or the address, and all I want from him now is the divorce. He knows that I am with another man together for the past 7 months, and told me before he has left that he ll not sign the divorce paper. Just because he wants to make this point more difficult to pass. My new boyfriend is German, and we want to move to Malaysia after and marry there (yes, we plan to do it by the way )
I am from Thailand, having the residence permit for 2 years. I wasn't in DK for long, but my registration is there for a bit more then 1 year. we were registered at first together, after all my husband probably has changed his address, but I am not sure. Maybe he is not even in Denmark - I am not sure.
in the meantime we have registered my cohabitation with my boyfriend in Thailand when we were there.. after the divorce I want to move to Malaysia and since its another country I need a divorce from where I am registered - otherwise It will be too complicated.

3 weeks ago i ve applied for the divorce through NEM ID form by statsforvaltning. I filled out only my part and pay the fee, but not the part of my husband: no info of him at all.
It was one paragraph saying that if the OTHER PARTY will not sign in 14 days, I ll be notified and and they will proceed only with my data. After 14 days came nothing, but I guess its because a paper letter was sent to my husband and not the electronic form.
I called the State Administration today and asked them about the case - they told me the complete opposite. If he ll not answer or disagree we ll be called for the meeting, after if he ll disagree - we ll have to forward the case to the court.
is this really so? what about this 14 days then?

The questions are many: what will be the best to do in this situation and how to get into less trouble? My husband was threatening me but I cant prove it anyhow. What if he lives in another country and I dont know where (lives in fact, not by the address)? What if he ll not come to the meeting at the State Administration? Do they inform only by post or also by email? Does any of us havse to pay the court / the meeting?
Its a complicated situation and I am sorry about so many questions ..

Tak for the response!

mh1
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Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce questions, help needed!

Indlæg af mh1 » 28.05.2015 22:34:14

You have to state that YOU want the divorce regardless of whether your husband will cooperate or not.

Statsforvaltningen will then send your case to the court. Your husband will be summoned, but if he chooses not to come, you may get your divorce anyway - in time.

It will take somewhat longer, as you will then first be separated (meaning that you are not divorced and therefore cannot re-marry) and only after a period of 6 months from the date of the separation will be able to get a divorce. You will NOT be automatically divorced, but will have to apply again to Statsforvaltningen.

You will have to realize that you will therefore not be able to re-marry until some time in 2016.
mh
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savaleancor
Indlæg: 2
Tilmeldt: 27.05.2015 19:19:50

Re: Divorce questions, help needed!

Indlæg af savaleancor » 28.05.2015 22:51:52

mh, thanks a lot for the answer!

http://www.statsforvaltningen.dk/site.aspx?p=6396
what about this link?
If you disagree
If you do not agree in getting divorced, you first have to request a separation. You may get a divorce without having been separated - even if you disagree - if one of the following conditions are fulfilled:

Your spouse has committed adultery
If my husband will disagree on any point - I can prove that I was with another man in this time. By paper or even bring by Boyfriend to the State Administration. or should my husband catch us in the bedroom? or proove it in the court? This point isn't clear but according to the statement on the website we should get a divorce without separation, is that right?

Also, in my passport it clearly shows that I was outside of the EU for almost 6 months, which I spent with my boyfriend in Thailand. Doesnt it count as living separately?

My husband received the social benefits, I didnt and didnt work, so who would have to pay the court in out case then? My skat is by 0 kr now and I dont have any source of legal income in Denmark, I dont get any support from my husband still. What should be done with that?

mh1
Indlæg: 10609
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce questions, help needed!

Indlæg af mh1 » 01.06.2015 10:00:28

Errr - no, you cannot cite your OWN adultery as reason for immediate divorce.

That would be equivalent of claiming that you should be the rightful winner of a poker game because you kept extra aces up your sleeve.
mh
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