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  1. #1
    Join Date
    Jun 2017
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    1

    Default Same-Sex Divorce in the U.S. for Non-U.S. Residents

    My spouse and I are lesbian couple from from Hong Kong where same sex marriage is not recognised.
    We tied the knot in Hawaii a year ago and we are now planning to divorce. As I go through some papers, it seems that to get divorce with my spouse, I need to reside in Haiwaii for 6 months, but the "Dissolving Civil Unions and Domestic Partnerships for Couples Who Live in Non-Recognition States: A Guide For Attorneys" published by NCLR in 2015 and Haw. Rev. Stat. § 580-1(b) seem to suggest otherwise.

    As both my spouse and I are non US citizens domiciling in a jurisdiction that does not recognize our marriage, I want to know whether I can get the divorce done without residing in Hawaii for 6 months.

    This problem has been bothering me for months, hope that there are some legal experts who could give me some advice, pls.

    Thank you!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Same-Sex Divorce of Non Us Residents

    As you noted, Hawaii included a provision in its law that allows it to handle divorces for people who marry in Hawaii but who are subsequently domiciled in jurisdictions that don't recognize the validity of their marriage. You can speak to a lawyer in Hawaii about commencing a divorce case, and the travel requirements that you can expect to complete a divorce through Hawaii's courts.
    Quote Quoting Hawaii Revised Statutes, Sec. 580-1(b). Jurisdiction; hearing
    (b) An action for annulment, divorce, or separation may be commenced where neither party to the marriage meets the domicile or physical presence requirements of subsection (a) at the time the action is commenced, if:

    (1) The marriage was solemnized under chapter 572 in this State; and

    (2) Neither party to the marriage is able to pursue an action for annulment, divorce, or separation where the parties are domiciled because both parties are domiciled in a jurisdiction or jurisdictions that do not recognize their marriage. There shall be a rebuttable presumption that a jurisdiction will not maintain an action for annulment, divorce, or separation if the jurisdiction or jurisdictions where the parties are domiciled do not recognize the parties' marriage.

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