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Old 25.02.2018, 09:44
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Medea Fleecestealer Medea Fleecestealer is offline
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Re: Divorcing a Swiss lawyer. HELP!

Here is an overview on Swiss divorce:

https://www.ch.ch/en/divorce/

Most important for you is that joint custody is the norm so no you will not be able to take your child out of the country without the agreement of your ex. The same applies to him of course.

So questions:

1. He probably knows he'd be better off if you divorce in your home country. You'd need to check if that's even possible since usually you have to be resident in a country to be able to file and at the moment you're not.

2. Yes, of course you should. From the sounds of it this is likely to end up in court and you can't argue effectively from a distance.

3. Nope, not usually. But see 5.

4. See 5.

5. This is all related to your child. You may find yourself obliged to stay here in Switzerland if you want to be with your daughter. He will have to pay maintenance for the child and if you have to stay here too as the principal caregiver he'll have to pay for you as well. If he doesn't pay up it is possible to get help from your canton to take the money directly from his salary. Of course if he's happy for you to take the child with you then it shouldn't be a problem, but you may find that he doesn't pay any maintenance agreed and you'd then have no way to claim help getting it since you're no longer living here.

Those are just general observations from reading the link. As Sandgrounder said, remove yourself and your child from the violent situation and consult a good divorce lawyer asap. Because you're going to need one. And no, you are not entitled to any free help apart from what is mentioned under 5 regarding maintenance payments.
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