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?
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
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
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
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