Non-EU citizens divorce process

Family, Education, Health and Pets
1
Hello All,

I would like to explain my painful situation here and get your advices from those who have experienced the similar situation or by chance know anyhthing about it.

I have moved to Switzerland 3.5 years ago from a non-eu country with the help of the sponsorhsip of my current swiss employer and got B permit which is renewed every year. After a year I applied for a family reunification visa to bring my wife here. At the end, she received her B permit as well. We have been married in total for around 4 years but lived in switzerland in the last 2.5 years and during this time we had a baby who now is 1.5 years old.

Unfortunately the things didnt work as it should be during our marriage and recently we have started to argue too often. After several attempts, I have given up to pursue this marriage for the sake of health of my baby. Therefore, I have tried to communicate with my wife to find the best solution for all of us expecially for our baby but unfortunately whenever I try to communicate this topic with her, she get frustrated and loose her focus and start to complain by ingnoring the existance of our daughter.

Anyway, I have already initiated the divorce process in our home country with the help of my lawyer but my wife doesnt want divorce there. She is trying to get the divorce done here in switzerland in order to get more benefits as she thinks. I dont want to hurt anybody especially my child in this painful process but it is the right way to go. She doesnt work here and I am the only one who support our family. I suggested her to go our home country and pursue her carreer ( she is a teacher in public school) and I will pay the alimony which is decided by the court. but she doesnt accept to go. I would like to know if she can really initiate the divorce here even though I already initiated in our home country. It would be really strange to get divorced in two diffeent countries. She barely can speak english and german and I am not sure if she can do it. I am trying my best to get over this difficult situation by not hurting anybody but she is now under the captivity of her emotions.

I would be glad if someone can guide me on what rights my wife has in here and what she can do legally.

Thank you.

2

Sorry to hear you’re going through this. These links might help

https://www.ch.ch/en/family-and-part…rce-procedure/

https://www.ch.ch/en/family-and-part…ts-of-divorce/

As she doesn’t work you would have to pay her alimony as well as the child support.

The main problem you may have to consider, assuming she can initiate divorce proceedings here, is Switzerland works on joint custody for any children - so any major decisions to be made re the child have to be agreed by both parents. Want to take your daughter on a holiday to Spain? Ex has to agree to this. Want to move to another country taking daughter with you? Ex has to agree to this. I say this is a main problem because it’s doubtful your ex would be able to stay here unless she’s the main care giver for your daughter as she would likely lose her permit once the divorce goes through. From the sounds of it she doesn’t meet any of the other requirements needed to get an independent permit after divorce.

3

Although, naturally, each couple’s situation is different, you might find some of the discussion in these threads helpful:
https://www.englishforum.ch/search.p…rchid=22817895
https://www.englishforum.ch/permits-…h-breakup.html
https://www.englishforum.ch/family-m…eparation.html

4

The general rules for Switzerland is: If both are Swiss residents, than Switzerland has the jurisdiction. Otherwise, the country has jurisdiction where the case was first filled. ( Various exception apply )

For children related mater Switzerland has the sole jurisdiction if the child resides in Switzerland.

https://kindsvertretung.ch/wp-conten…_Scheidung.pdf