DIVORCE BY AMERICAN CITIZENS IN AUSTRIA

American citizens may obtain a divorce in Austria, provided that (a) both parties to the divorce reside in Austria, (b) the defendant resides in Austria, or (c) the plaintiff resides in Austria. Jurisdiction is with the Circuit Court (Kreisgericht) , Provincial Court (Landesgericht) and/or District Court (Bezirksgericht) in whose venue (a) either both parties reside or (b) the defendant only resides or (c) the plaintiff only resides.

In dealing with the case, the Austrian court will apply the laws of the jurisdiction which the court finds appropriate to the particular case in question.

Owing to the formal requirements of Austrian juridical procedure as well as the complexities which may arise in a divorce action, it would normally be expected that the parties to a divorce action in Austria would engage the services of an Austrian attorney.

A list of English-speaking attorneys may be obtained from the American Embassy, Consular Section, Gartenbaupromenade 2/4, A-1010 Vienna, Austria, or the American Consular Agency, Alter Markt 1, A-5020 Salzburg, Austria.

 

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