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Niederlassungserlaubnis: Married or Separated Status with Pending Divorce?
Hello,
I am an Indian national applying for Niederlassungserlaubnis with Oberhavel. I have an unlimited employment contract, B1 German certificate, and all required documents.
My situation:
- Wife: Living permanently in India
- Status: Legally married but divorce case is pending in Indian court
- We live in separate countries (no plans for her to come to Germany)
Important clarification: This is about the pending divorce case only. There is no maintenance/spousal support involved, no criminal issues, or other complications. Only the divorce case status.
My question:
When I fill the Niederlassungserlaubnis form, should I mark my family status as:
- "Verheiratet" (Married) - since divorce is not finalized?
- "Getrennt Lebend" (Separated) - since we live in different countries?
What I need to know:
- Which status is correct for my situation?
- What documents do I need to provide as proof of status?
- Does the pending divorce affect my application?
Additional Context:
This is purely about my individual settlement permit application.
Thank you for advice.
2 Comments
Hi! I’m not a lawyer, but I’ve looked into cases like yours for Ukrainian citizens here and helped to fill in the forms, and can share what usually applies.
Since your divorce is not yet legally finalized in India, you are still legally married under German law.
So on the Niederlassungserlaubnis form you should normally tick “Verheiratet” (Married). This is because German authorities look at the current legal status, not the practical living situation. Simply being separated or living in different countries does not change the marital status until the divorce decree is issued.
You are not officially “getrennt lebend” until there’s a legal separation or divorce decision recognized under German law. You can include “Getrennt lebend” information in the explanation section.
What documents to provide
Attach copies of:
✔ Your marriage certificate (with translation)
✔ A brief explanation that the divorce is pending in India, and attach a
✔ Copy of the official divorce case filing document (petition/court acceptance)
This shows transparency and makes it clear you are not hiding anything.Your marital situation by itself should not block or delay your settlement permit.
The authorities will simply note:
The key requirement for Niederlassung is stability in residence, work, contributions, and language — not marital status.
As an extra tip -- bring a short written explanation of your situation
(“I am still legally married because divorce is pending in India; we live separately; I am independently employed and applying for settlement on my own basis.”) This helps prevent misunderstandings in the interview.
Good Luck,
Anna