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  1. #1
    Join Date
    Aug 2015
    Posts
    2

    Default Can You Divorce in the U.S. While Domiciled in Another Country

    Greetings,

    We have been married in US, while being residents there (both under professional visas and long-term employment positions). None of us is either a US citizen. We have been in distance for several years, and would like to file for uncontested divorce (no children). We are currently permanently residing overseas, outside US. Filing for a divorce in our current countries of residence appears to be highly expensive, complicated, and time consuming. We would ideally like to dissolve the marriage in a straightforward manner, and we hope this could be done somehow remotely, by filing for divorce in US from overseas.

    Any suggestions, ideas, pointers are highly appreciated!

    Regards

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Married While in Us (Both with Visa), Now Both Residing Overseas, File Divorce

    The general rule for divorce in the U.S. is that at least one spouse needs to be a resident of the state in which the divorce action is brought at the time the petition is filed and usually for some number of weeks or months prior to the filing as well. Since neither of you resides in the U.S. currently you may find that you are unable to obtain a divorce here. There might be some state that would allow a divorce proceeding without either spouse being resident there, but I don’t know of one that does.

  3. #3
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Married While in Us (Both with Visa), Now Both Residing Overseas, File Divorce

    Thank you for your prompt reply. I was worried that this is the case. The issue is that in order to dissolve this marriage overseas, it would have to be registered in our current countries of residence, and then to proceed with a divorce locally (and to make things worse we are currently residing in different countries, both outside US). Further to that, from what I have gathered, the divorce may not necessarily be recognized by US (if at a later point any of us returns there) -- which is what matters in our case (otherwise we can consider ourselves non-married for all practical matters outside US).

    Regards

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Married While in Us (Both with Visa), Now Both Residing Overseas, File Divorce

    Quote Quoting auser
    View Post
    from what I have gathered, the divorce may not necessarily be recognized by US
    US courts recognize divorce from a variety of other countries if the divorce was properly obtained. Read the following article to see how that works:

    http://www.divorcesource.com/researc.../96apr61.shtml

    Quote Quoting auser
    View Post
    The issue is that in order to dissolve this marriage overseas, it would have to be registered in our current countries of residence, and then to proceed with a divorce locally (and to make things worse we are currently residing in different countries, both outside US).
    Bottom line: If you don't want the hassle and expense of getting divorced then you stay married until such time as it becomes absolutely necessary to get divorced and then you incur the hassle and expense.

    The alternative is one or both of you come back to the US and establish residency in a state with a short residency requirement (Nevada, for example) and get divorced there.

    Here's a guide to state residency requirements:

    http://www.divorcesource.com/ds/main...ents-807.shtml

    But then will a US divorce be recognized in your countries?

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