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Divorce and its Effect on a Visa

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  • 11-15-2005, 09:30 PM
    tahemyst
    Divorce and its Effect on a Visa
    A non-immigrant friend is here on a 6 month visa, and he and his wife want to divorce. What type of divorce papers do they need, and would these papers have to come from their home country or can they obtain proper papers from a US attorney here in Hawaii?
    The husband is here in Hawaii and the wife is in Tonga
    Appreciate your time
  • 11-15-2005, 09:37 PM
    aaron
    Visitors Want To Divorce
    Hawaiian law requires at least one spouse to have lived in the state of Hawaii for at least six months before filing the Complaint for Divorce. It seems unlikely that your friend would be able to meet that requirement and then pursue a divorce in Hawaii if he is present on a six month (tourist?) visa. If his wife remains in Tonga, that also complicates things - the Hawaiian court won't have personal jurisdiction over the wife, and won't have jurisdiction to divide property which is located in Tonga. Thus, it would probably be best if he divorced in Tonga.
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