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Divorce When Married to a Foreign National

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  • 11-05-2012, 08:22 PM
    rachmaninoff
    Divorce When Married to a Foreign National
    I'm wondering if there is anything extra that must be done to divorce someone without US citizenship.

    I am currently living in NC and have been separated for 8 months. From what I've read and heard so far to file for a "No-Fault" divorce I must be separated for a year and a day before I can file my papers. I am wondering how this changes or is effected by my spouse being a Chinese nationalist currently living in China (as far as I know).

    Is there some way I can file sooner as my spouse is no longer in the country and doesn't have U.S. citizenship?

    How do I best serve my spouse given they are no longer in the country? How is this even handled if I don't know where in china (if they even are there) my spouse is living?

    I'm aware that contacting a divorce lawyer is probably the best at this point but I always feel better knowing my options from a less biased source before going in is for the best.
  • 11-05-2012, 08:48 PM
    Disagreeable
    Re: Divorce with Prc National
    Investigate NC laws on divorce by publication.
  • 11-07-2012, 09:59 PM
    Mr. Knowitall
    Re: Divorce When Married to a Foreign National
    You can file for divorce in your state, as long as you meet the residency requirements. You will have to attempt to serve your spouse but, if unsuccessful, can petition the court to allow substituted service. I can make no promises about how your divorce judgment from North Carolina would be treated by China - for that, consult a Chinese lawyer or legal resource.
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