What happens if wife files for divorce while husband is stationed in Germany... anyone know?

Military Law Discussions
1

So, my husband works at a military base in Germany under the SOFA agreement. If I file for divorce here, what happens next? Do I have to go back to the US? When would that happen? Also, how does the divorce process work in this situation, and what about child custody? Any insight would be appreciated!

2

I think the wife doesn’t automatically have to return to the US right away. The divorce process would depend on the local military laws and the SOFA agreement, but it’s usually possible to stay in Germany for a bit while the divorce moves forward.

3

@Kameron
Oh, that’s good to know. I was worried I’d have to leave immediately. Thanks for the info!

4

As for child custody, it depends on the specifics of the case. The courts will likely take both parents’ circumstances into account. You’d probably need to figure out if you want custody in the US or Germany, but it’s something a lawyer could help with.

5

@Ellery
Got it, so custody could be tricky depending on where we’re at? I’ll definitely need to talk to a lawyer. Thanks!

6

I’ve heard that when the spouse is military, the divorce process can be a bit more complicated because of the international aspect. But I think you can file for divorce in either the country where you’re living or the US, depending on the situation.

7

@Phoenix
Yeah, it’s all a bit confusing. I didn’t realize there were so many factors involved. Thanks for clearing that up!

8

For the SOFA agreement, the spouse can usually stay in the host country for a bit after filing. The military might have specific rules on that, though, so I’d recommend checking with a lawyer who specializes in military family law.

9

@Winslow
I’ll definitely check with a lawyer. I just wasn’t sure how this would work. Thanks!

10

If you’re dealing with child custody, I’d say it’s probably going to be easier to sort things out if you’re both in the US, but each case is different. Definitely talk to a lawyer for more specific advice.

11

@Nyx
Yeah, I’ll make sure to get legal advice. I just want to make sure I know what I’m facing. Appreciate the feedback!