Can I get divorce if my husband is in another country? 21 Answers as of June 10, 2013

I have been married for 22 years and been separated for 10years. I want a divorce, but my husband is in Mexico for the past 2 yrs and can't return. Can I get divorced without him? I can get the paper to him.

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Yes, you can get a divorce without him being here. We can file a notice of publication in a local newspaper. Contact our office today for a free consultation and we will discuss the whole procedure without and your different options.
Answer Applies to: Illinois
Replied: 5/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes. Especially if you and he can agree to all terms of the divorce, there is nothing that requires him to be present in person.
Answer Applies to: Colorado
Replied: 5/18/2011
Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
If your husband does not intend to contest the divorce, you can file for an uncontested divorce provided that you serve your husband with the divorce papers in Mexico in a way which complies with both state law and the applicable law of Mexico. Your husband will also need to go to an apostile or notary at the nearest US Embassy or Consulate to sign the divorce papers before filing. If your husband intends to contest the divorce, then the issue is more complicated. In addition to serving the divorce papers on him as illustrated above, he will also need to gain lawful entry into the United States in order to appear in the divorce proceedings. In New York State, judges in divorce cases require both spouses to be present at each hearing and appearance date, and will only grant a waiver of appearance in extreme circumstances (such as medical emergencies). If you cannot get your husband to agree to an uncontested divorce then you may face some difficulties in getting the divorce completed.
Answer Applies to: New York
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Yes.
Answer Applies to: Connecticut
Replied: 6/10/2013
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Of course! There are at least a couple of ways to divorce him. If you can have him personally served, so much the better. You will need a Proof of Personal Service (FL-330).
Answer Applies to: California
Replied: 5/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Yes.
    Answer Applies to: Washington
    Replied: 6/10/2013
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes. You will need to use due diligence in locating and serving him, which may involve the Hague Convention as service procedure, assuming Mexico is a participant, but I don't see why it can't be done. Stay well.
    Answer Applies to: Alabama
    Replied: 5/17/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Yes you can get a divorce.
    Answer Applies to: California
    Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you can get a divorce from him. Speak to a matrimonial attorney for details about service upon him by publication or at his last place of residence or in Mexico. Good luck.
    Answer Applies to: New York
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. If he will agree to terms, the divorce may be easily accomplished by agreement. If he will not agree, you must have him served with divorce papers and proceed as if contested.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You usually can get a divorce. You probably need to call an attorney in whatever state you reside to find out your state's specific statutes. If you are in Utah we offer a free consultation to our potential divorce clients. We have offices in Ogden and Salt Lake City to fit our clients needs feel free to give us a call.
    Answer Applies to: Utah
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, you can divorce him. I have helped people get divorced from spouses in the Philippines, India and...when they were completely gone, and could not be found. Call me, and I will assist you.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can. It would require service on him through the mail. It is called an Order of Notice. If you have his address that would work.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Yes you can get divorced. You will need to serve your husband with the divorce papers in Mexico.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can divorce your husband, but service of process will have to be accomplished in order to get a divorce. If your husband will accept service by mail and return a signed Notice and Acknowledgment of Receipt of Service to you, you can proceed in a Divorce case against him. Someone over the age of 18 other than you would have to do the service by mail and sign the Proof of Service. If your husband won't accept service by mail, you will need to have him served in accordance with the Geneva Convention in order to proceed in a Divorce case against him.
    Answer Applies to: California
    Replied: 5/16/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes. you can get a divorce, even though your husband is in Mexico. You will to follow a special process to effectuate "service" of the divorce petition and related papers. Once "service" is completed properly, you can proceed to finalize your divorce by "default." Call a local family law lawyer for assistance. Good luck!
    Answer Applies to: California
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, provided he has proper notice (served)-yes.
    Answer Applies to: Washington
    Replied: 5/16/2011
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