Divorce *sigh*

Family, Education, Health and Pets
1
Greetings,

Sadly I come here seeking advice/input on a terrible topic, divorce . My Wife desires a divorce and yet refuses to come to a happy middle of paying for half of it so I looked around and came across this site:

http://www.binational.ch/en/fragen/trennung.html

My first question is that since we are separated (I moved back to the States due to the lack of finding a job in Switzerland - and only upon returning did she request a Divorce) do I have to wait up to TWO(2) years before a judge will "sign" the divorce papers (we got married in Switzerland)?

Also since she was the provider for the relationship, and I still have yet to find a job in the States, the website above states in the legal separation section:

" Legal consequences of a separation Spouses living separately are still seen as married in legal terms. Spouses living separately are still obliged to support each other. " While I'm not looking to "live off her" but due to my situation at the moment (unemployed) I am curious does the above apply? That she is obliged to support me?

Any information about those two questions would be grateful.

2

I should state that this TWO(2) years situation is in case she refuses to pay half or sign the divorce paper if I find the money and send it to her.

3
are there children involved ?

4
Hi,

In your position, I would try to find a good legal advisor who can guide you through all this - rather than taking advice from the armchair lawyers here.

I know one or two examples of people who came unstuck - and it was more expensive than lawyer's fees - when they did not have the correct advice.

Cheers,

Nick

5
It may change by canton, but yes, in CH if either party doesnt want a divorce you have to wait 2 years before you can start proceedings. And yes, during the separation period your joint incomes are added together and then divided equally between the two of the you.

But you should also see a lawyer...

6
Thankfully no. I wouldn't know what to do if we did have children, being that we live so far apart.

7
This was done in Adliswil; but understood.

I will seek a Lawyer as mentioned just seems like a "dirty" route to go.

8

Hi there,

I just went through the process so it is very clear in my head and maybe I can answer your questions:

- 2 years (in theory!). After you have gone to court (yes, you have to prove that you are separated officially), in Switzerland, it is called "the protection of marriage" ironically enough!, you are declared officially separated.

Then, 2 years later, you can apply for divorce. There is nothing automatic there, unlike the way it is presented in theory. The divorce then follows the same path as if you had started this in the first place. Nothing easier, nothing simpler!

I find it hard to understand what your issue is actually. Are you supposing that without paying for a divorce, you will get automatically divorced after 2 years? If you think this is so, I have to tell you that no, it is not so. After 2 years, you have to file for divorce and you have to deal with her conditions, or discussions. If she is not willing to compromise now, she won't be anymore willing in 2 years, or whatever time it takes to go to court. After 2 years of separation, the process is the same, only for that time, you only need one person to start the process. But if she comes to court, it is exactly as hard as any other type of divorce, it does not matter that you have been officially separated. I realise that most of the time, it is presented like a formality, but in real life, it is not.

- Supporting you: Yes, when your wife has been the family bread-earner for a long time, the same situation must be preserved, because some judges here do not have a clue, so you do have a chance. I have been condemned to paying my ex-husband here in Switzerland. However, they will wonder why you cannot find a job to support yourself. If the judge is a human being (for some of them, I have my doubts), he will not find a strong enough reason for her to pay and support you, it is just not acceptable for anyone's balance to have a woman pay for a man. But you never know.

Something else: if you are not working, and SHE wants a divorce and she does not want to pay for it... do you want to get divorced? If the answer is yes, you can get support. You will not have to pay the lawyer or the court.

And, if you are in the US, well, file in the US, which is your country of residence. If she files in Switzerland, you will have to come here to court...

Good luck,

F.