Some questions about divorce

Does any one know if my Swiss wife need to report a foreign divorce (USA) in Switzerland ???? We got married 8 years ago. She left with the one year old child to Switzerland.Hoping that one day I would go and live with them..never happend.. I would like to remarried now. She agrees with the joint divorce. She want me to pay for her lawyer and court filing fee in Switzerland. Does she need to file divorce with Swiss court I don't understand this???Does anyone know that ????

I don't understand your question. Where are you living now, where's your wife? (USA, CH, respectively?)

Oh, and welcome to the Forum.

Yes I am a USA citizen wants to divorce a swiss wife.(living in Switz) Does she need to report a US divorce in Switzerland????Even if the divorce granted here based on joint agreement, does she need to file in the CH court as well ????

As my Swiss husband had to have some sort of affidavit from Switzerland in order to attest that he was eligible for our marriage in the US, I am sure it would behoove you and your wife to make it clear to BOTH countries in which one or both partners are citizens and / or residents that you are divorced.

If you lived here during your marriage, you are both registered here as being married, same goes in the US, wherever the marriage actually took place.

Gosh, tis difficult to unravel this question!

You are both living in Switzerland?

You were married in USA?

You are divorcing in Switzerland?

No point in trying to answer you, the entire question is a bit vague.

I'm not sure it even needs to be "unraveled."

Wife (ex?) is Swiss, is presumably registered here as being / having been married, regardless of where the wedding took place.

So, if she is now divorced / when she gets divorced, YES the government will need to know if for no other reason than that if she decides to marry again, THEY will need to attest that she is free to marry.

I'm not so sure about that. The Swiss (or cantonal) government doesn't need to attest to the fitness for marriage of an applicant -- the onus is on the blushing bride- or groom-to-be to furnish the relevant proofs.

If the OP has never lived in Switzerland, I don't see why there's be a need to "register" a US divorce in Switzerland. If his soon-to-be-ex-wife wants to notify the local government, that's her issue and her right, I suppose. Not sure why the OP is concerned about it.

Most probably the OP ex-wife wants to benefit from the divorced women club privileges in Switzerland, my wife moved from a mid 90's BMW to a VW Touareg after our separation, guess if we get divorced, she's gonna get her beloved Mercedes SL AMG

... and her obligation.

Because she's asked him to pay for it?

Does anyone know how much would be the the attorney and fileing fee in her case????

"So, if she is now divorced / when she gets divorced, YES the government will need to know if for no other reason than that if she decides to marry again, THEY will need to attest that she is free to marry."

what way she needs to report that?Does she need to see an attorney, or she need to file something in court etc???? I guess, she can only proceed when she gets the divorce decree in her hands anyway?!!!!

Isnt it easier to get yourself a lawyer in the US, since the marriage took place in the US and it is a non-contested divorce?

He will be able to advise you with regards to the jurisdiction matters - better than a forum anyways. And no, she doesnt have to officially show anything to the Swiss officials unless it affects tax / future marriage opportunities - and that, will just be the decree absolute (or whatever they call it here).

Are you actually divorced from your Swiss wife (ex or otherwise)?

If so then there is no need to register the divorce in Switzerland. She must have papers attesting to the fact that she is divorced, that would be sufficient to re-marry. If you are not divorced, then it looks as if she is trying to get you to pay for the privilege of getting divorced over here.

She only needs to show her divorce papers to the local community office and register with them that she is divorced. She might need to inform the Jugendamt about any children you have together, to be sure that you are paying your share of the costs.

I am a musician not earning that much money here in the US. The divorce is going to be based on joint agreement. As much as I was agreeing 7 years ago signing a consent for the baby being able to take out from US, supporting the mother wishes for a more prosperous life. ( I am not blaming her.)The monthly child support based on my salary would be (18 percent) about $200.Not too much. She never wanted to ask any child support from me. Maybe she wants to use the divorce decree for the benefit of being a divorced women and single mother..I don't know maybe using for tax incentives and other benefits....I was only concern about the attorney fee which could be associated with even just reviewing the divorce petition( one from US) to the lawyer or sighing the front of him. The daughter was born in US so probably she got swiss citizen ship at automatically after the swiss mother...]Maybe she wants to be sure legally that everything is gonna be OK for her after our divorce.??? I don't know.

I WOULD LIKE TO THANK FOR EVERYONE FOR THE TREMENDOUS OF HELP I' V GOT..AND I am so thankfull for any others....

Simples - you want to remarry, you pay for the divorce. She seemed happy for the past 7 years not bringing it up till you did. Lawyers charge for every single second of their time - there's no scrimping.

Not sure what other help you are seeking.

With international divorces, jurisdiction is in the country where the divorce is filed first.

Find out how much it would cost for you to get divorced in the US, speak to a lawyer here in Switzerland to find out how much the whole affair and pick the cheaper option.

As long as you're both agreed on custody, maintenance, alimony and assets, it should be a pretty straight deal wherever you decide to divorce.

.......The monthly child support based on my salary would be (18 percent) about $200.Not too much. She never wanted to ask any child support from me. Maybe she wants to use the divorce decree for the benefit of being a divorced women and single mother..I don't know maybe using for tax incentives and other benefits.........I don't know.

For your information ... the benefit of being a divorced woman here is to be able to take your husband to the cleaners for maintenance for both of you until the child is financially independent (16 or 18). This can be up to 50% of a man's income (or more ?). Once a woman has a child and she was an established homemaker during and since the marriage, she has the right to not to work until her youngest child grows up. The husband the obligation to support her. If you have little or no income (but are deemed fit to work or capable of earning more, a Swiss court will assign a higher maintenance package based on what you "could earn" but by choice do not earn because you choose to be a musician, so unless your colleage degree is music that argument will not stick here). This is designed to prevent divorced women from claiming benefits and enable some women to take their husband to the cleaners.

It may be that if your wife can get you to agree to divorce here, that she can ask the court for an "Eheschutz" or maintenance order against you (because she is resident here, the maintenance would go on her place of residence).

As said on some other responses to this thread, she can always provide proof of a US divorce in the form of the paperwork, so I would be very careful if I were you. Get divorced and sort the maintenance in the US where you were both married and lived. It will be quicker and cheaper as far as legal fees are concerned too.

(Note: Once a Swiss court has issued a maintenance order against you, no Swiss lawyer will be able to help you and the fact you have or will divorce in the US will make a Swiss maintenance judgement untouchable in both countries. I know this sounds completely unreasonable but men really do get a raw deal in every respects in the courts here as far as divorce goes.

Here in CA a uncontested divorce costs about $600 ( included court filing fee) Based on our joint agreement even a paralegal can prepare a petition fairly easily. I don't want to get custody of the child maybe only visitation right. We have no mutual property and debt together...We actually married for 16 moths before my wife left with the 8 months old to Switzerland.Everything is happened 8 years ago. She was always trying to lure me to go after them....I have been sharing my life with someone for more than 4 years now.I lost the contact with my wife the last 3 years, not knowing where they lived.We found her on face book finally, she still wants me to go there....She thinks that best for me would be living in Switzerland .... I can barely get on my feet on my own county why she thinks I would be better in a different country. I am 50% disabled ( after a severe car accident. The reason I got on that site with my questions only cause I wanted to know if she really agrees with the joint divorce why the earth she wants us to pay for her court fees and lawyer.Did not make much sense. She wants to procrastinate hoping that we brake up( with my fiancee) and she still have a chance to lure me there....

Isascott`s advice sounds like basic common sense.

Once a divorce is handled in Switzerland ... you gonna spend your life under a bridge in the USA, supporting her and child.

Just go ahead with your divorce in USA. Let her handle what she wants to handle in CH.

By the way, tis not neccessary to have a Lawyer in CH ... the local version of "Legal Aid" does all the paperwork, and she needs it recorded in her Swiss Book of Life or whatever its called ..... similar to a property deed.

Sorry I sound so cynical ... but I`m helping a friend work their way thru a divorce here .. and the swiss are generally quite ignorant of their own laws. You can look up everything on Google .... Swiss Divorce Laws... including Swiss married to Foreigners ... divorces in other lands, etc etc .....