Marriage and divorce

Z

Zumrad

Registered Users (C)
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.
 
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.
 
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.


TheRealCanadian said:
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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nscagony said:
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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she lives home country not USA.
But is there any USA paperwork required?
 
TheRealCanadian said:
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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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?
 
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.
 
Triple Citizen said:
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.
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So what's the magic phrase?
 
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?
 
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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