Divorce after separation of 10 years.

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abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Divorce after separation of 10 years.

Indlæg af abrakadbabra » 18.05.2021 15:42:54

Hi,

Wife left to home country and took child 10+ years ago. No communication whatsoever with them since then. So separation for over 10+ years.
I am a Danish citizen now. And want to take divorce. I know I am eligible for that.
my question is how easy or complicated is to divorce if address of wife is unknown. I only know which country she is in (probably). Before deserting me they lived in Denmark with me for 18 months only.
Marriage was solemnized and registered in home country and not in Denmark.

Regards

abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce after separation of 10 years.

Indlæg af abrakadbabra » 19.05.2021 09:52:12

I spoke to two lawyers yesterday and they informed me that in Denmark it is required to inform the other party about divorce. They were clueless about what is law where there is no whereabouts of the other spouse.
which was a little surprising for me. I am sure there might be several cases even within Denmark where one spouse has just run-away without leaving any information at all. so what happens in such case? does that mean that divorce can not take place in such case?
and lets say the address of other spouse is know but what happens if she or he does not even responds to any letter?

can any expert please throw some light.

skaanebo
Indlæg: 12137
Tilmeldt: 09.06.2007 19:00:10

Re: Divorce after separation of 10 years.

Indlæg af skaanebo » 19.05.2021 11:22:45

I think the Danish authorities will simply use e-boks to inform of the divorce process. Since your spouse lived in Denmark for a while, I suppose she/he has a Danish CPR. As registered with a CPR you arealso required to keep the authorities informed of your current address.

No response equals no objections.

abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce after separation of 10 years.

Indlæg af abrakadbabra » 19.05.2021 11:42:56

Hi Skaanebo,

thanks a ton for your response.
Yes she did have a CPR number and an address here. But am I not supposed to inform that I know she left to the home country with a return ticket but never came back?
Also, how long do the authorities wait for any response?

skaanebo
Indlæg: 12137
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Re: Divorce after separation of 10 years.

Indlæg af skaanebo » 19.05.2021 11:53:34

You cannot prolong a divorce for more than 6 months, so after 6 months with no response from your spouse, the divorce will be final.

abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce after separation of 10 years.

Indlæg af abrakadbabra » 19.05.2021 11:58:57

thank you, Skaanebo.

if by any chance court is able to contact her through embassy or some other means and she wants to participate in proceedings, how will that happen as she will not be present in Denmark? Also, how the calculation of her assets will be done or accepted by Danish Court? I mean she can simply lie that she has no assets and her income is too less or so and has a child to bring up. That too after separation of 10 years and child is not 14 years old. And she has never knocked at the doors of Danish court for any help.

mh1
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Re: Divorce after separation of 10 years.

Indlæg af mh1 » 19.05.2021 20:30:36

When a separation or divorce case can be handled in Denmark (as in your case, because you live in DK) it will be handled according to Danish rules in all respects.

A NemID becomes inactive if it has not been in use for a while, so the authorities will probably send a paper letter to your spouse via the Danish consulate in the country you can tell them she went to from Denmark. If they can not locate her there, or if they can but she does not respond, the divorce case can continue in DK. If she responds, she can employ a lawyer to handle her case in DK.

My guess is that since you have not heard from her in 10 years, she will not bother to respond, so I think your speculations about division of assets can wait.

IF she should respond with a demand of half a share in your assets, you should go to a lawyer. With the long separation period, even if it is not one that is official, I think you will not need to share 50-50.
mh
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abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce after separation of 10 years.

Indlæg af abrakadbabra » 20.05.2021 08:42:01

Thanks you so much, mh.
Regards..

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