Divorce

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AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Divorce

Post by AleXa » Wed May 12, 2004 8:47 am

I do have some questions to ask too. if anyone had been through the same things or at least know something, pls, help.
i had been married for a 1,5 year now. i m not EU citizen, but the husband is a finn. before the marriage i had been studying in finland, actually i m graduating this summer. but i do have visa A5 now.
so the thing is- we are living separetly with husband for about a half a year already, due to huge problems living together.., and now he did applay for a divorce. so does anyone know how does the process of divorce go here? i heard its 6 months of thinking? should i get any notice from a maaistrat? ( i still didnt get any..) does the case of divorce go to court? and..how many chances do i have to stay in finland after divorce? if my visa A5 would be closed, does it mean i might be departed? i have no work, but writing the thesis now..
oh..thank you, if someone replay!



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PeterF
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Post by PeterF » Wed May 12, 2004 9:30 am

Alex is is easy to see from your post that you are confused and worried as well as being of course upset bt the break down of your marriage.
You need help and advice we will try to give it, but lets first start by some simple questions.
I read in another post that you were in Turku and now move to Helsinki.
You are not a EU citizen where do you come from?
Where are you living now and where are you studying ?
Do you want to stay in Finland?

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Wed May 12, 2004 9:52 am

of course, i m upset, when getting married, i wasnt expected that the marriage will end so soon this way..
yes, i had been living in Turku, thats where my husband is from. Before i had been studying in Mikkeli, Mikkeli Polytechnic. now moved to Helsinki, staying with a friend. husband is still living in Turku.
I am from Russia.
i do want to stay in Finland, i had been living here for about 5 years.not easy to go back to parents..plus i still have to graduate here.
i dont know too much about all the ligal procedures of divorce, and husband acting in a strange way not saying my anything..

PeterF
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Post by PeterF » Wed May 12, 2004 9:55 am

OK the first thing I am going to do is to move this discussion to our "families" section as that is the area where you will find most help.
We do have experts on divorce proceedures and they will see this post there.

Now have a look in this section and you will see that there are other questions and answer that help you in any way.
You will see that one of our members who is called Hank knows a lot about the legal side of divorce in Finland.
He is at work now but should be checking this forum later today.
You can send if a "pesonal message" by private PM if you dont want to discuss your problems on an open forum.

You do that by clicking on the "Private Message" button in this link.
http://www...com/bb/profile.php?mod ... rofile&u=8

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Wed May 12, 2004 10:09 am

ok! thank you very much!
i already realised that i did put the post into the wrong section.
thanks again!

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strawberry
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Location: Helsinki

Post by strawberry » Wed May 12, 2004 10:15 am

Hi AleXa,

Sorry to hear about your problems. I hope you will soon have some lihght shed on them and will start feeling a bit better... Hank really is the best person to talk to, as Peter said. Don't worry, he'll give you some good advice!

I really know nothing much about the visa statuses as I'm a Finn and never had to deal with those but as far as divorce is concerned I can ansewr to your question about it going to court - no, it will not go to court, don't worry, as long as you both sign the papers = are in agreement over it. First you are granted a period of six months to think things over (a "cooling-off period") and thereafter you can apply for the divorce to be final. These are called the two stages of the divorce. You have up to 12 months to apply for the second stage (including the period of six months of "coolong-off" or reconsideration) whereafter the divorce is granted.

There are fees to pay for these but if your husband is the one filing for divorce, he pays. :wink: And yes, you should certainly get notifications of all stages from the Magistrate's Court but don't forget that they need your address for that - does your husband know where you are? You can always call (or have someone call on your behalf) the Court in Turku and
try to find out.

Well, hope that helps as a start. Hank should be able to be of further help. In the meanwhile, do take care. :rose:
"Sitaatti on älyn säihkyvä korvike" (Jukka Virtanen)

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Wed May 12, 2004 10:31 am

[quote
And yes, you should certainly get notifications of all stages from the Magistrate's Court but don't forget that they need your address for that - does your husband know where you are? quote]



hmm, he said that he put the resignitaion almost a month ago..he does know my new address, the address of a friend..still i did not get any notice. how soon does it usually come?

thanks for your support!

PeterF
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Post by PeterF » Wed May 12, 2004 10:57 am

AleXa wrote:i did not get any notice. how soon does it usually come?

thanks for your support!
One month :roll: that is like a few minutes to Finnish magistrates.
There is no great urgency as far as the magistrates are concerned..they dont hurry themsleves..they seem to think that "perhaps the two patch up their problems...and they will cancel the whole thing so wait for a few weeks..no rush!".....but... Some time during the first 6 months you will get the notification..but it is dated from the date that your husband registered.

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strawberry
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Post by strawberry » Wed May 12, 2004 1:04 pm

PeterF wrote:
AleXa wrote:i did not get any notice. how soon does it usually come?

thanks for your support!
One month :roll: that is like a few minutes to Finnish magistrates.
Sooo true!! :wink:

Besides, don't worry AleXa, it's in his interest to give them your address, is it not? Yup, one month is nothing :roll: - but I still think if it bothers you (i.e. if you'd rather know), give them a call? Good luck!
"Sitaatti on älyn säihkyvä korvike" (Jukka Virtanen)

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Wed May 12, 2004 1:57 pm

where could i call? i think it should be Turku Magistrat.
does anyone know the phone number of it?

PeterF
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Joined: Sun Nov 10, 2002 10:00 pm

Post by PeterF » Wed May 12, 2004 2:07 pm

AleXa wrote:where could i call? i think it should be Turku Magistrat.
does anyone know the phone number of it?

Turun maistraatti
Aurakatu 8
PL 372
20101 TURKU

Keskus puh (Main Tel number)
02 5110 100

Maistraatin päällikkö henkikirjoittaja Irma Hackman
02 5110 151

henkikirjoittaja Pekka Siljamäki

02 5110 152

henkikirjoittaja Raija Ahvamaa

02 5110 153

Telefax 02 5110 173

Avoinna ma - pe klo. 08:00 - 16:15
http://www.maistraatti.fi/

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Hank W.
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Post by Hank W. » Wed May 12, 2004 3:10 pm

Well,

I'm in a bit of a rush, so sorry for being unsensitively brief.

1) Address. Your address to the court is the address you have officially been registered at. If you are living someplace but officially registered at someplace else (like Mikkeli) - your address is in Mikkeli. Unelss the post office forwards your letter you are a missing person. The knowledge of your ex husband is irrelevant. Your address is what is in the "propuska" you know.

2) Court. Peter gave you the Magistrate - Public Registrar 'Maistraatti' which is the place you register to be married, register birth and register your address. This has nothing to do with the Magistrate Court - the Civil Case Court - "käräjäoikeus", where a judge sits and condemns the good and evils. Turun käräjäoikeuden kanslia (02) 272 5500 you call and ask for "kirjaamo" and explain this has been filed but you are wondering if they have sent it yet.

3) Divorce. The process in court is an administrative decision. Issues that must be settled as well are custody of children and the splitting of assets. This, however is separate from the process of divorce. Basically a divorce is judged after application, the parties may go to court to be heard, but even if the other party disagrees and contsts, a divorce is judged. There is no seeking for guilty parties nor does there have to be a reason given for divorce. There are two ways of doing this. If the parties have been living separately (ref point 1. official address) for 2 years, a divorce can be judged upon application. The most usual way though is for the divorce to be filed in two phases.
Phase I - a) one or b) both parties apply for a divorce period. In case b) the other party is notified and when the document is returned the court tables the application for 6 months and suggests family councelling. The decision gives the date when the six months shall be gone.
Phase II - again a) one or b) both parties apply for a final divorce. Again the notifications are made. Once the court is satisfied both parties have been notified an administrative judgement is made and a divorce is granted.

4) Permit... hmmm... that I cannot say. The law has changed. Need to check. It seems you need to exchange the A5 to something else, a student or work permit, but the procedure is unclear to me. Of course, the officials will be saying you only married to get a permit.

5) Where to find more information:
http://www.om.fi/20501.htm
http://www.om.fi/20517.htm

- And you need councelling too, I think
http://www.vaestoliitto.fi/toimintayksi ... ameset.htm

You can call and ask
Väestöliiton kotipuu (09) 228 0525
tiistaisin klo 10-12 suomeksi, englanniksi tai ruotsiksi
keskiviikkoisin klo 10-12 somaliaksi tai suomeksi
torstaisin klo 10-12 venäjäksi
or write kotipuu@vaestoliitto.fi

Also:
Kansainvälinen avioliittoneuvonta
Bulevardi 16 B, Helsinki
Puh. 09-709 2401, keskiviikkoisin klo 14–17

Hope this helps, and if you have further questions do ask. And keep us posted what happens - then we can advise the next person with such unfortunate problem.
Cheers, Hank W.
sitting here like a lemon looking for a gin.

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Thu May 13, 2004 2:35 pm

thank you very much for ur concern about my problem! i havent been expecting this much support! i really appreciate it.

About the address-- i am registered in Turku, but since i moved to Helsinki i left new address in POst Office, and i had been receiving letters straight to Helsinki. so doesnt that mean that i should receive the notice here also? or still it would it come to the address where i am registered?
but i will call to the käräjäoikeus as well anyway..

About divorce-- we do not have children and i guess not much of common things( had been only one year of living together..) . is it so anyway that after divorce we have to split the property 50/50? ( we do not have any marriage contract)?

i will check those sites that you gave also
thanks

PeterF
Posts: 4144
Joined: Sun Nov 10, 2002 10:00 pm

Post by PeterF » Thu May 13, 2004 2:53 pm

AleXa wrote:About the address-- i am registered in Turku, but since i moved to Helsinki i left new address in POst Office, and i had been receiving letters straight to Helsinki. ..

is it so anyway that after divorce we have to split the property 50/50? ( we do not have any marriage contract)?
If you are receiving mail which was originaly addresses to your old address..then the system is working..your notification will also be forwarded by the PO.
Yes property, and that means even furniture, is split 50/50....unless there is what is called an Avioehto...(marriage settlement) which was signed by both parties agreeing to some other deal.
Your husband probably will try to sell as much as possible before the divorce or move it to somewhere else (his friends house/garage etc).
When you talk to the advisors that Hank pointed you to they can help you to stop this type of trick.

AleXa
Posts: 125
Joined: Tue May 11, 2004 5:27 pm
Location: Helsinki

Post by AleXa » Thu May 13, 2004 3:16 pm

quote]Your usband probably will try to sell as much as possible before the divorce or move it to somewhere else (his friends house/garage etc).




oho, i havent been thinking of that! i wonder if he could really do that..huh.. but how about the house? i m signed as the owner of it also..he asking for a key all the time, but i guess, i do have my right to keep the key and not to sign the papers of selling the house, right?


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