Not sure how to proceed. Help!

Status
Not open for further replies.

AMB1981

New Member
What was a I thinking...

My issue is this, my German national ex and I were married at the end of 2010 in the US (she flew here, we got married and she flew back). We continued to live apart as we we worked through the greencard process, clearing up her german financial obligations, etc. However, I would visit Germany often during that period so that we could to spend much needed time together. Fast forward 1.5 years (2012) and my son in born in Germany, my ex finally has her greencard in hand and that summer they move the the US. Fast forward another 2 years (2014) and we are now having marital problems and can't seem to agree on anything. She becomes adamant about wanting to move back to Germany with our son and at first I was against it but I could not help myself but to be sympathetic to her situation of being a stay-at-home mom, not knowing anyone and not having the proper skills to find suitable work in the US. We sat down and drafted a separation agreement amongst ourselves detailing custody arrangements, child support (in accordance with German law), she explicity waives spousal support in the agreement, ect. We then got the separation agreement notarized and as a final step had an apostille seal placed on the document so that it would have some legal standing (at least in my mind) in an International setting. Off they went to Germany.. The first few months of them being back in Germany was fine, there was regular communication, I was kept well informed of how my son was doing, I had no complaints besides the fact that I could not physically be with my son. However, I knew that he was in good hands and well taken care of. Recently things have changed, we are barely speaking, I am no longer have no idea how things are with him, she seems to get annoyed whenever I inquire and she has now demanded that I pay her spousal support . I am quite torn at this point and not sure how to proceed. In hindsight I could have been that guy that filed for a divorce in the US, had visitiation, custody and everything else set in the US which would have essentially forced her to stay here or leave without our son, but it would have pained me to see her try to find her way and fail. Now I feel as though I have absolutely no leeway with them being back in Germany and I was hoping that this separation agreement would have been my security blanket. I now want to start the divorce process and need some much needed guidance in this area.

Any ideas?
 
Sorry, Dr. Jekyll: What you created for yourself by not wanting to be "that guy" has now morphed into you being forced to be Mr. Hyde.

You need to discuss this with several local divorce lawyers.
The documents you created are probably useless.
That, however, will be determined by a court.

You're legally married to the woman in Germany.

You're responsible for supporting the child.


In New Jersey legal separation is not authorized under state statue.
There is no such legal animal as "separation".
You are married, or you are single.
Are you beginning to grasp the monster you and she have created?

She will have to divorce you in Germany.
Read this:

http://www.international-divorce.com/Germany-Divorce.htm


That won't be easy.
You will have to try to divorce her in NJ.
That won't be any easier, either.

That's why you desperately require a lawyer.

If you are an acti ve duty military member, well, that raises another, bigger problem.

All of this is far too complex and time consuming for a little legal forum.

See five or six local divorce lawyers.
The initial consultation is normally free of charge.
Then you need time to think this through.

One last thing, sir.
Your son is more than likely a German national.
As he was born in Germany, and you were in the US.
I wish you well.
 
They pay woman in Germany to have kids. Your child is a German citizen. I would not expect to see him unless you go to Germany.
 
Status
Not open for further replies.
Back
Top