Can I get a divorce if my spouse is not a resident? 7 Answers as of August 10, 2011

If a person was married outside the US, can he get a US divorce if he or his spouse is not a US resident (have green card) but meet the state residency requirement?

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Fong & Associates
Fong & Associates | William D. Fong
Generally speaking, the state/county would have jurisdiction to issue a divorce.
Answer Applies to: Texas
Replied: 8/10/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
This question depends on the state where you are obtaining the divorce. If you are in Virginia and both parties are residing here, you can get a divorce.
Answer Applies to: Virginia
Replied: 8/10/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You will have to consult an attorney in your state. Most states allow divorces that only one party is the resident of the state, but the courts may not have jurisdiction over property and children. In any event you will have to show that the divorce documents have been served on your spouse.
Answer Applies to: Nevada
Replied: 8/10/2011
Law Office of Nora Rilo
Law Office of Nora Rilo | Nora Rilo
In Florida, a person's immigration status does not effected your ability to get a divorce. Consult an attorney in your state about this matter.
Answer Applies to: Florida
Replied: 8/10/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Immigration status is not relevant for a divorce if you just seek to dissolve your marriage.
Answer Applies to: California
Replied: 8/10/2011
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