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  #1  
Old 14th August 2008, 03:33 AM
Zumrad Zumrad is offline
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Marriage and divorce
My friend have been in USA for 3 years. He is merried, but his wife lives overseas. Can you please suggest how he can divorce with her not leaving US?
Is there any specific procedure that he should follow?


I will appreciate any input.
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  #2  
Old 14th August 2008, 03:43 AM
nscagony nscagony is offline
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Is she not leaving the US, or not living here? Marriage is a state issue. Get a divorce attorney and have him or her take care of the paperwork. Most states allow filing papers via mail, especially if the spouse cooperates.
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  #3  
Old 14th August 2008, 10:10 AM
Triple Citizen Triple Citizen is offline
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Divorce procedure would depend on where the marriage occured.

Quote:
Originally Posted by Zumrad View Post
My friend have been in USA for 3 years. He is merried, but his wife lives overseas. Can you please suggest how he can divorce with her not leaving US?
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**NOTE**
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**DISCLAIMER**
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  #4  
Old 14th August 2008, 11:15 AM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Triple Citizen View Post
Divorce procedure would depend on where the marriage occured.
Not necessarily. If I get divorced, there's no reason to do it in Canada just because I was married in Canada.
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  #5  
Old 14th August 2008, 11:24 AM
Triple Citizen Triple Citizen is offline
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Perhaps I was not 100% clear. What I meant to say was, depending on where the marriage took place, the divorce process may differ. For example, if the marriage took place in Pakistan, the husband needs to utter a certain phrase 3 times infront of 4 witnesses and the state of Pakistan will recognise the divorce instantaneously. Since the divorce is recognised in Pakistan, it will be recognised in the US.


Quote:
Originally Posted by TheRealCanadian View Post
Not necessarily. If I get divorced, there's no reason to do it in Canada just because I was married in Canada.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #6  
Old 14th August 2008, 01:34 PM
Zumrad Zumrad is offline
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Quote:
Originally Posted by nscagony View Post
Is she not leaving the US, or not living here? Marriage is a state issue. Get a divorce attorney and have him or her take care of the paperwork. Most states allow filing papers via mail, especially if the spouse cooperates.


she lives home country not USA.
But is there any USA paperwork required?
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  #7  
Old 14th August 2008, 01:36 PM
Zumrad Zumrad is offline
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Quote:
Originally Posted by TheRealCanadian View Post
Not necessarily. If I get divorced, there's no reason to do it in Canada just because I was married in Canada.

I c. But what do you do in USa for that?
Like should you go to any instance to start it?
Or it is possible to divorce in country of divorce only?
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  #8  
Old 14th August 2008, 01:44 PM
JJBBKK JJBBKK is offline
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Not sure why would he need to divorce her in US? have they filed for marriage cert, etc here in US? If the marriage was registered overseas then they should just divorce there, Id assume it would be much cheaper and less headache rather than doing it here.
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  #9  
Old 14th August 2008, 03:36 PM
PraetorianXI PraetorianXI is offline
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Quote:
Originally Posted by Triple Citizen View Post
Perhaps I was not 100% clear. What I meant to say was, depending on where the marriage took place, the divorce process may differ. For example, if the marriage took place in Pakistan, the husband needs to utter a certain phrase 3 times infront of 4 witnesses and the state of Pakistan will recognise the divorce instantaneously. Since the divorce is recognised in Pakistan, it will be recognised in the US.
So what's the magic phrase?
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  #10  
Old 14th August 2008, 04:39 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by JJBBKK View Post
Not sure why would he need to divorce her in US? have they filed for marriage cert, etc here in US?
Because they reside in the United States.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
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TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
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USC: 10/8/09
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  #11  
Old 15th August 2008, 01:35 PM
dakazn dakazn is offline
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Quote:
Originally Posted by PraetorianXI View Post
So what's the magic phrase?
LOL............it might not work for every married person
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  #12  
Old 15th August 2008, 01:42 PM
Zumrad Zumrad is offline
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They were merried overseas and both the residents of the foreign country not USA. Only thing is that they live in different countries now: he is in USA, she is back home country.
In this case, is there any specific process of divorce for foreign country residents in USA?
Should he apply to some instance here for that? Or it can be solved with following foreign country's divorce process and without USA interferenment?
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  #13  
Old 15th August 2008, 01:52 PM
JohnnyCash JohnnyCash is offline
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In US, anyone can obtain divorce, regardless of where other party is living in the world, but plaintiff (the one who is filling the divorce case) must need to be a resident of that state for certain time. That certain time varies from state to state, for example in Las Vegas you must be living there for at least 6 weeks before filing for the divorce, while in NY it's for one year or more...And being a resident doesn't mean legal resident...instead it means living in the state regardless of any legal status.

One can file the case here and serve the paper to other party wherever other party is residing. If other party likes to contest then s/he must need to come to the court here in the US or hire an attorney here to represent themseleves; otherwise court will divorce the party if other party chooses not to answer the divorce complaint or won't be able to come to the court by himself/herself or thru an attorney.
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