getting divorced on grounds of abuse

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august
Indlæg: 3
Tilmeldt: 18.02.2017 18:17:58

getting divorced on grounds of abuse

Indlægaf august » 18.02.2017 18:34:51

Hi! I am living here in denmark since August 2016 on a family reunification visa. my cpr has only been issued on the 4th week of january of this year (jan 21 to be exact). My husband has been abusive since we got married. but physical abuse only happened last week. I have moved away from him and is living with a family in viborg (i used to live in aalborg with my husband). I have already filed a case against him thru the help of the police.
i dont have a job yet and i have yet to start on sprog skole. my integration is only been about two weeks or so since my cpr has been granted.
will my resident permit be revoked immediately?
i have yet to file divorced on the grounds of abuse. can i force my husband to pay spousal support?
how big is my chance that spousal support will be enforced by the government?
any reply will be truly appreciated :)

mh
Indlæg: 7984
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet
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Re: getting divorced on grounds of abuse

Indlægaf mh » 18.02.2017 21:11:42

You can read about the divorce procedure and spousal support here:
http://www.statsforvaltningen.dk/site.aspx?p=6388
http://www.statsforvaltningen.dk/site.aspx?p=6386

Spousal support is rarely given when the marriage has lasted less than three years. However, in a case like yours it is possible that you may get a decision in your favor. It will not be given for a long period, though. My guess is that you will get for max two years, and only at all if your husband has an income that is more than 280.000 DKK before tax.

About the possibility of keeping your residence permit here:
https://www.nyidanmark.dk/en-us/coming_ ... nation.htm

Given the very short time you apparently have lived in DK, I do not think you have a very good chance of keeping your residence permit.
mh

august
Indlæg: 3
Tilmeldt: 18.02.2017 18:17:58

Re: getting divorced on grounds of abuse

Indlægaf august » 19.02.2017 11:15:29

thank you so much for the reply.
the links you have provided have given me a clearer insight on my situation now. rest assured i have already done some the things listed there (the medical and police report).
I just have additional question, am i required to pay for the divorce application fee or is it my husband since he have income and i dont? is it necessary for me to acquire a divorce lawyer, if so, is there any pro-bono divorce lawyer i can contact?
looking forward for your informative reply.

mh
Indlæg: 7984
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet
Kontakt:

Re: getting divorced on grounds of abuse

Indlægaf mh » 19.02.2017 18:04:27

All divorce cases begin at 'Statsforvaltningen', which can ONLY grant a divorce if both parties agree to divorce. There is a fee to pay for both of you.

If your husband will not agree, you MUST tell Statsforvaltningen that you want the case to be referred to the court.

When you don't have any income you will qualify for free legal aid, that is: the State pys your attorney fees. You may contact any attorney you want (just make sure s/he is not your husband's), and the attorney will help you apply for legal aid:
See: http://www.civilstyrelsen.dk/da/GlobalM ... glish.aspx

As you do not have an income, but is still married, you can apply immediately for spousal support. Both spouses are obliged to support the other, according to their means, during marriage. Do that tomorrow, rather than Tuesday. You apply to Statsforvaltningen. Bring the doctor's and police report, and identification. You do not necessarily need assistance from an attorney for this.
mh

august
Indlæg: 3
Tilmeldt: 18.02.2017 18:17:58

Re: getting divorced on grounds of abuse

Indlægaf august » 19.02.2017 22:27:30

thank you so much for your reply.
yes I will be doing it tomorrow then as soon as statsforvaltning opens up.
thank you again and continue helping other people like me.


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