Q: How can I divorce my German spouse, married in the US, living abroad?

A: The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation and delivery.

Then, the wife can appear and participate in the case in New York.

A: To proceed with a divorce from your German spouse while living abroad, you can initiate the process in either the U.S. or Germany, depending on your circumstances. Since you were married in the U.S., you can file for divorce there, but the fact that your spouse lives in Germany could complicate things. Generally, the divorce would need to be handled by the court where one of you resides.

Given that your spouse has not been in the U.S. for over a year and you have had no contact since last March, you may need to initiate the divorce under German law if you are unable to locate her. Germany typically requires one year of separation before you can file for divorce, and this may apply to your case. Even if she is uncooperative, you can still move forward by serving her notice through legal channels.

It may be helpful to engage a local lawyer familiar with international divorce cases to navigate the complexities of serving documents and ensuring the divorce is recognized in both countries. Although there are challenges when the spouse is abroad and unresponsive, you can still pursue a divorce through the appropriate legal systems. If no response is received from her, a default judgment may be issued.