Divorcing my American wife
Divorcing my American wife
If we were to finally agree, what would we need to do to simplify the procedure?
C. Geneva
You do not have a common foreign nationality, so Swiss law is applicable to the action you have filed. Our Civil Code provides that a spouse may file for divorce unilaterally if, on the day he or she applies to the Court, the spouses have lived separately for at least two years, as in your case. As the application must be filed at the place of residence of one of the spouses, you have validly filed your application with the Geneva Court.
Your referral to the Court has created what is known as "litispendence". Although in the United States it is often necessary for the opposing party to have been notified of a legal claim for it to take effect, in our country it is sufficient simply to file the claim with the Court.
It's the first court you go to that counts. Since you filed your application in Switzerland, your wife can no longer do so in the USA. Her own application should therefore logically be rejected, as the American court is supposed to note that another court has already been seized.
It is true that in the United States alimony can be very substantial, particularly after 10 years of marriage, with some states providing for alimony for the life of the other spouse, depending on the circumstances. However, insofar as you went to court in Switzerland before your wife created a lis pendens in the United States, you should not be subject to American law.
If you were to reach an agreement, your wife could simply write to the Swiss court and you could file an agreement with the court settling the incidental effects of the divorce. The proceedings will then take their course in Switzerland.
