Divorce advice

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Jenn71
Indlæg: 13
Tilmeldt: 22.11.2020 22:43:52

Divorce advice

Indlæg af Jenn71 » 09.08.2021 16:30:33

Hi experts, please I need legal advise concerning divorce from my husband. We have been married for almost five years now and have been separated for 2.5yrs.
I asked for a divorce from familierethuset. They contracted him but he is unable to respond because he is no longer in denmark.
He was banned out of denmark. I have tried to get in touch with him through friends and family members and no one knows where he is at the moment.
I have moved on with my life and will want to married my now fiance but we are stocked and don't know how to move forward.
-What can I do in this situation?
Thanks

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

Re: Divorce advice

Indlæg af skaanebo » 09.08.2021 17:50:50

Simply proceed. A divorce in Denmark cannot be prolonged for more than 6 months. So you can have the divorce finalized very easily.

Jenn71
Indlæg: 13
Tilmeldt: 22.11.2020 22:43:52

Re: Divorce advice

Indlæg af Jenn71 » 10.08.2021 12:02:31

Ok thanks very much for the info. Can you please recommend a lawyer/law firm which I can use to follow up the case. This is because I contacted familierethuset yesterday and they told me that the procedure will take around a 1year. This got me confused, so I really need legal services so as to speed up the process, since we have been separated for more than 2 years now.

mh1
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Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce advice

Indlæg af mh1 » 10.08.2021 12:27:57

Were you officially separated, or did you just give up living together?

If you were officially separated, you may fill in the form you find here (Petition for divorce after legal separation):
https://familieretshuset.dk/en/applicat ... tion-forms

Fill in with 'unknown' for the info you do not have on your spouse, attach a copy of your separation grant (if you were not separated in court) or separation court order.

Because you have been separated for more than six months, you do NOT have to agree with your spouse on any conditions. This on condition that you either were granted a divorce or have a court order.

You do not need an attorney, and most likely no attorney will be able to speed up the process, as what they need in Familieretshuset is time to read your file, verify that your separation is according to Danish law, and that your spouse is no longer in Denmark. The time they need will be between 2 and 9 months. If you should have a copy/the original of the letter he got about deportation, or you can get the deportation confirmed by the authorities, attach that to your application as proof that your husband is not in Denmark and not reachable.

If you do not feel that you can handle this yourself, what you need is to find a lawyer from this page (all specialise in family law, many in international family law): https://www.danskefamilieadvokater.dk

Be aware that you may have the right to a free attorney, depending on your income - if under 344.000 DKK/year (and you do not have children), you have such a right. Talk to the attorney about it at the first contact, as they will apply for you if relevant.
mh
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Jenn71
Indlæg: 13
Tilmeldt: 22.11.2020 22:43:52

Re: Divorce advice

Indlæg af Jenn71 » 10.08.2021 15:10:35

We gave up living together. we both were living in different Addresses

mh1
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Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce advice

Indlæg af mh1 » 13.08.2021 13:25:13

If you never petitioned for a legal separation, you do not have an immediate right to divorce, but can apply for direct divorce on the ground of factual separation for more than two years.

Since this is a bit more complicated, you should find a lawyer fem the web page I gave you link to, and do remember to ask about ‘fri proces’, free legal assistance if your income gives you the right to it.
mh
Rådgiver for ÆUG

Jenn71
Indlæg: 13
Tilmeldt: 22.11.2020 22:43:52

Re: Divorce advice

Indlæg af Jenn71 » 25.08.2021 10:55:59

Ok thank you👍

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