European Stars And Stripes (Newspaper) - May 13, 1988, Darmstadt, Hesse Divorce in Europe consult your Legal assistance office by Janet Howells Tierney staff writer Beverly n. Ave fit in. A los Angele barmaid set a record in october 1957 by obtaining her 16th divorce from her 14thhusband, Gabriel alleged outside court that live of her 14 husbands had broken her nose according to the Guinn aaa both of world records. Rarely is divorce repeated so often and with such painful memories taut severing marital Bonds is not easy especially for service members in Europe. Assistance from the military is limited. Military lawyers Zannol represent a Servie member or Amity member in court but Legal assistance is available to gel the wheels of divorce turning. First we get a Little information because each circumstance is unique said Cape. Mark e. Henderson chief of 3rd army div s Legal assistance of lies. How Long they have been married whether or nol they have children and what state they Are Legal residents of Are All questions tie ask. I always recommend counselling before they make their Linal decision about the divorces or couples living in Europe Are handled most often under 1ha individual s Home stale Laws and usually require a trip to thai slate. All military regal Ollices other advice on divorce Laws in any of the 50 Stales. Whichever spouse files first will decide which state Laws apply. For example North Carolina requires a one year separation before finalizing a divorce while Arkansas requires a three year separation. In Florida couples have to wait Only 20 Days Bot Ora having their Day in court but most slates require a 30-60 Day wait. It is even possible to get a divorce without going Back to the instance a Texas resident could Contact a Texas lawyer who could begin the divorce proceedings in thai state. Ii the action is Union Lesley and everything is in order tha divorce can be finalized without either husband or wife appearing in court. Some states require an appearance at least on the court Dale Henderson said. In the Case of a contested divorce it would also be important to be Legal assistance of lines will explain the immediate effects of separation and divorce. Regardless of when divorce proceedings begin families have 30-60 Days after the couple separates to move out of quarters. Henderson said. Different services and communities have different requirement. Commanders have an option of extending the move out Day an additional 30 Days according to Jerry e. Shelles Legal assistance attorney for the 21 St support children remain with the Servie member they will be allowed to Alay in government quarters but the dependent spouse must move out. Savl remembers can request Early return of dependants to 1he United Stales. Spouses can also apply Lor Early return to conus without the service member s approval or knowledge commanders Don t like to hear this but they cannot Lorce family members to leave country Henderson explained. Family members can slay in country although few a tally member s Job will also a afle cled by the separation and pending divorce. Those hired under the family member preference status have 30 Days after Legal separation from their sponsor before losing their with special approval when it suits the needs of the government the tally member May stay in a Job Lor a Rilday May,13 1988 year. If the divorce is finalized while the couple to still in Europe the spouse May have to gel a visa and employment permit to live and work in the country where to or she resides. One important Way the Legal office can help is by preparing a written separation agreement. The document can save the couple Money and headaches later when the divorce reaches court. A separation agreement will Mora than Likely reduce attorney Lees by Iso too plus it gives the couple an Opportunity to decide among themselves All the issues of their Henderson explained. The contract usually becomes a major part of the divorce decree. But a separation agreement is not required for a divorce and must be entered into voluntarily by Bolh separation agreement can indicate the couple s decisions on everything from custody of the children to properly most service members go through american courts to get their divorce there Are reasons for some to proceed under the Host nation Laws. When a spouse is a native of a foreign country it May be necessary to go by the Laws of that country the Host country Laws May seem confusing and the divorce process can be time consuming. The local military Legal Ottyce can give information on a country s Laws and also has lists of local lawyers. Watt Germany requires a one year separation for an uncontested divorce and three years Lor one that is Cost of a German divorce is determined by the court and will usually run approximately $1,300-tt,700. Serve Camembert married to germans can get divorced in a German court but most military Legal assistance Ollices suggest a . Divorce which is quicker and loss expensive. Gelling a divorce in a German court under German Law is nothing like the quicker divorces in America said maj. Terry e. Bathen Darmstadt s Deputy stall judge advocate. It s very Lime consuming and costs a lot because you have to hire a civilian lawyer even a marriage registered in a German courthouse can be ended by an american judge in a stateside court Bathen the German spouse receives notice from the court and voluntarily agrees to the divorce. It will be recognized in Germany As he said. Alimony and child support settlements ordered by West German courts Are difficult to enforce once a service member leaves the country. Although court ordered amounts can automatically be taken from government paychecks that action is impossible once one leaves the military German courts Ara concerned about children and normally give custody to the Mother Bathen said.1 but we warn German women thai their chances of forcing support payments Are minimal when that Servie member goes Back to the in Italy the wait Tor a divorce recently has been reduced from five to three years for an uncontested divorce. Italian divorce can Cost $200-1300, according to Ferruccio Candotti an italian lawyer with the . Navy s Legal services. Normally the couple does t opt Tor an italian divorce because. The process la o lengthy can doll said. Many go to the slates get the divorce and then iry to get it recognized in Italy Whlon is also an expensive and lengthy few cases handled through italian courts award satisfactory settlements for both Candotti said. Generally the italian wife remains while the american husband goes Back to America of the husband can ignore any divorce settlement knowing it Ean l and won t be enforced Landolti explained. American divorced in England also can expect tougher standards and in Many cases greater expense. Four months is about the minimum time i takes Lor a divorce from Start to finish according to Lyndon James an English lawyer and adviser to the . Air Force in England. The costs Range from $400 to about $3.500. A couple is required to be married for at least one year before they can be unmarried in a British court. There is Only one ground fur divorce in the English courts according to James. A marriage has to be what is termed irretrievably broken Down and that must be proven by one or More of five main factors. Adultery desertion Lor two years or intolerable behaviour will Render a marriage irretrievably broken Down in the eyes of most British county courts. If a couple lives apart from one another for two years a divorce can be granted but both must agree to a divorce. If they be lived apart for five years a judge will generally Grant a divorce decree solely on the request of either person. Most divorce petitions go Unco lasted James said. English lawyers discourage fighting a divorce Case in the courts. Generally the arrangements for Post divorce settlements Are agreed on by the couple through their lawyers and approved or altered by the children get special attention in . Courts. Before granting a divorce the judge must be satisfied thai the welfare of the children is being considered. Support or maintenance payments Are determined by the court in a similar Way to . Courts. Divorce in Europe although possible is complicated and the Best Way to untangle the Many rules and regulations is to gel help from a military Legal assistance . Bureau and Alba Brgoh of our Bureau contributed to this report. The stars and stripes Page 15
