Divorce with a danish woman

[jaygatsby]

hej everybody..i hope you are all fine..i am a moroccan man married to a danish girl since may 2011 we applied for family renufication under the laws of Venstre gouvernment and they refused us on the reason of the attachment to denmark and we made an appeal to the court and refused us and then this new gouvernment came to power and made 24 years law and my wife was under this age and she will only be 22 december this year..anyways i visited her 2 times by a tourist visa of 90 days ..the last visit was july( 20 th july 2013 i quitted denmark)..then things went wrong between us because of all this troubles we underwent with immigration and we decided to get divorced..we got married in Morocco my country and i asked her to come and get divorced but she refused and she told me that she applied for divorce in her country and she got it but my question are :
1 how can she get divorce without me being informed by the danish authorities ?
2-how can she get divorce and i have not got any paper to sign so that i will also get my own divorce from danish authorities ?
3-how long it takes to get divorce after you apply for it ? bearing in mind the fact that by 20th juanary we will be legally seperated for 6 months ?
thanks in advance for the answers and for your useful advices

[mh1]

According to Danish law you can get an immediate divorce if you and your spouse because of disagreements have not cohabited for a period of 2 years.

As you write that you and your wife have never cohabited (you were never registered as living at the same address) and have been married for more than 2 years, your wife can apply for divorce unilaterally.

She needs to prove that you have not lived together, and the fact that you were never given a residence permit and therefore never registered in the Danish 'folkeregister' (National Register of Persons) is sufficient proof.

If you want the divorce papers you can write to 'statsforvaltningen' asking for your copy of the papers. You need to give them your full name and birthdate, and your spouse's full name and birthdate:
Statsforvaltningen
Storetorv 10
6200 Aabenraa

[jaygatsby]

thank you mr Mh for the reply ..i applied for family reunification in denmark and during the process of treating my case which was 1 year and 2 months because they refuses us and we made an appeal so i stayed for 1year and 2 months and i was also there with a tourist visa of 3 months which means we lived together almost for 1 year and 5 months but i have never been offered any residence permit except the extension of the visa from the immigration and the police of Dk...but we lived in the same address during this 1 year and 5 months ...and another information : my wife changed her name and she has my own family name in her passport and all personal papers...and how can i write to 'statsforvaltningen ? by post or i can email them ? ..if i give them my wife name shall i give her name with my family name or her name after divorce because she might have changed her name again ? .if i write to 'statsforvaltningen will they send me automatically the divorce papers or they will first send me some papers to sign ? can i ask to get the papers in english so that i can translate them in my country ? thank you in dvance for the answers sir

[fundiver199]

http://www.statsforvaltningen.dk/site.aspx?p=8609

"Eller via vores hoved-e-mail-adresse

Hvis du ikke har mulighed for at skrive til os fra din digitale postkasse på borger.dk, kan du skrive en e-mail til os på

post@statsforvaltningen.dk.

Statsforvaltningen må dog kun svare dig i mail-form, hvis e-mailen kan sendes som sikker post (signeret og krypteret). Selv om du har skrevet til os på denne e-mail, sender vi altså vores breve til dig som almindelig post, medmindre du har hentet vores certifikat og sendt os en e-mail, hvor dit certifikat er vedhæftet."

.........................................

Write to the above email adress and give them a postal adress, where they can contact you. Then they will reply and send the papers by regular mail.

[mh1]

Well, you see it as if you have been 'living with' your wife, but you haven't in the eyes of the law.

What counts is first and foremost evidence, namely: are you registered as living in Denmark or not?

You are not.

I am certain of that, because that can only happen AFTER you have been given residence permit, so since you never got that, you have not lived in Denmark, you have only been visiting.

I cannot say for sure whether your wife did get a divorce, but as I wrote it is quite possible that she has.

If you have a copy of your marriage certificate, or some other official paper with your names on it, and preferably also your birth dates, you can scan it and attach it to a mail. If you do not have any paper with your wife's name and birth date, you may use a copy of your own passport, it should be sufficient to identify your case.

If your wife did indeed get a divorce, you will not need to sign anything.

I do not know whether you can get the divorce papers in an English version as well. There are English forms for application, so it is possible that you may get the original Danish as well as an English version if you ask.

One problem: if your wife got divorced by license (which is a unique Danish possibility) and not by a court decision, Morocco may not accept this as a valid divorce. This will be no problem for your wife, but it may well be for you. It may mean that you have to go to court to get divorced once more.

You may claim that your wife has abandoned you (which is true), and I think that you can get divorced without her having to come to court as well.

[jaygatsby]

big thanks to you sirs ( mr fundiver and Mh) i actually do not know what to do without ur useful guidance ..i will contact them via email and i hope i will get a letter from them soon..the problem now is that i do not know if my wife got 100% divorce ..she told me she did but to be honest i can not trust what said 100% as she wanted to use divorce against me saying that she will never come to morocco to get divorced where we got married..i can actually get divorced here in morocco without her but it takes up to 1 year because the court should contact danish embassy to contact her and send her some papers to sign and if she refuses it will even take longer time..but if i have a danish divorce in english or french or arabic i can easily make it valid here after 20 days .Mr Mh what do you mean by license divorce ? can you explain to me and tell me more about it if you do not mind ?
what about faxing them will that be a good solution too or they can get my email and give it the importance it deserves ? thank you again dear sirs

[fundiver199]

Just for information mh is a "mam" not a "sir"

[jaygatsby]

thx for the infos fundiver

[mh1]

In Denmark you can get divorced in two ways:
- by license issued by a state authority (statsforvaltningen), or
- by a court decision.

In any case everybody will have to apply first to 'statsforvaltningen'. If both spouses agree to divorce, the divorce license will be issued by 'statsforvaltningen'.

If only one spouse applies, but the two-year non-cohabiting-rule can be documented as in your case, the divorce license will also be issued.

In other cases, if the spouses do not agree to divorce, 'statsforvaltningen' cannot issue the license, and the spouse who wants to divorce has to inform that s/he wants the case to be forwarded to the court for decision. In such a case there will first be a court decision of separation, and divorce cannot be obtained until at least 6 months have passed. There is only one thing that can prevent that a spouse who wants a divorce can get it: that the spouses continue to cohabit.

I know that it is impossible to get a Danish divorce license recognized in Turkey. Spouses who have had their marriage registered in Turkey (which is no problem!) and wish to have their divorce recognized there, have to divorce there too.

[mh1]

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