Separation


#1
quote:
[i]Originally posted by jludley[/i] [br]There is a good friend of mine who is not sure if he is seperated or not and he was in the army and married a girl from germany. He had an accident is now disabled. He lost some of his memory and things got hectic between her and him and she left and went back to Germany and took the kid she has been gone for about 5 months now. My first question is are they now separated?

Now the second part of it is he recently found out that she has been with someone else for the past 3 months and she is currently pregnant with this other mans kid. This man turns out to be another american citizen in germany. Second question would this be considered adultery or what could be done with that situation? He says he dont care but I know that it hurts him alot.



#2

It depends on whether or not they were married in Germany and intend to file for separation/divorce in Germany.


#3

They were married in north carolina and from what I know is they both would like to get a divorce.


#4

Very much so, and I would suspect that she has abandoned him. He can file for separation and even ask for an emergency injunction to bring the child back to where he can visit with him–though if she’s been gone for five months, maybe he doesn’t care…which is sad. That would cripple his argument.

I wouldn’t even begin to suggest fighting an international divorce, talk about expensive. If he doesn’t care, then let him request what he needs and move on. Fighting a lost battle takes a lot of time, energy and money, and that is his decision to make.


#5

Dear jludley:

Greetings. Yes, they are separated from the date they stopped living together. Yes, her behavior is adultery. He should immediately file a request for a paternity test when the child is born, so that he won’t have to pay child support. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

There is a good friend of mine who is not sure if he is seperated or not and he was in the army and married a girl from germany. He had an accident is now disabled. He lost some of his memory and things got hectic between her and him and she left and took the kid she has been gone for about 5 months now. My first question is are they now separated?

Now the second part of it is he recently found out that she has been with someone else for the past 3 months and she is currently pregnant with this other mans kid. This man turns out to be another american citizen in germany. Second question would this be considered adultery or what could be done with that situation? He says he dont care but I know that it hurts him alot.