Can non-permanent residents divorce? 19 Answers as of July 04, 2013

I have an L1A visa and my wife an L2 visa. Can we divorce under US law?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Courts will recognize a valid marriage from another county. You can petition for dissolution in the county where you both reside.
Answer Applies to: Washington
Replied: 7/12/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
You should be able to divorce in the US. I am not aware of any reason why you could not.
Answer Applies to: Washington
Replied: 7/12/2011
Osterman Law LLC
Osterman Law LLC | Mark D. Osterman
As in many states, there are "residency" requirements focusing on 180 days in a particular state to get its jurisdiction. My guess is that you probably can divorce in Alaska where you have resided for more than 180 days. The problem is that you return to your home land, will that country recognizethe divorce judgment or help with its enforcement? Consider this problem: If you get child support here and it is not recognized in your country, how do you plan to get enforcement? Check the laws in your country before doing something here.
Answer Applies to: Indiana
Replied: 7/12/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, so long as you satisfy the state residency requirements.
Answer Applies to: Colorado
Replied: 7/12/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
As long as you live in Minnesota for at least 6 months before starting a divorce, you can file for one. Citizenship or permanent residency is not a requirement. It is advisable for you to consult with an experienced family attorney who has worked with non-residents before, including the immigration issues which may need to be addressed.
Answer Applies to: Minnesota
Replied: 7/12/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    As long as you meet the jurisdictional requirements of the State of Washington, it will not make any difference that you are only here in the US on a temporary visa. As a practical matter, this means that the two of you will have had to reside in the state as some point in them, that you are residing in the state at the time the divorce action is filed, and that you are still residing in the state when the final papers are entered.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    If you lived in Florida 6 months.
    Answer Applies to: Florida
    Replied: 7/4/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you lived in New Jersey for one year, you can file a divorce action.
    Answer Applies to: New Jersey
    Replied: 7/12/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Anybody who has satisfied California's residency requirements to file a divorce (at least 6 months in California, and 3 months in the county) can file and get a divorce in California. Different states have different residency requirements.
    Answer Applies to: California
    Replied: 7/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should consult an immigration attorney for your specific question but in general if you have lived in CT for a year you can divorce here.
    Answer Applies to: Connecticut
    Replied: 7/12/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Yes.
    Answer Applies to: Connecticut
    Replied: 6/10/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The questin in Ohio is not your imigration status, but whether you have been a resident of the state for six months and a resident in a county for 90 days. Please seek out a local domestic relations counsel for more information.
    Answer Applies to: Ohio
    Replied: 7/11/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    It's not the US law that governs divorce so much as the state law(s). Yes, residency in most states does not require citizenship. Consult with a family court attorney who also does immigration work if you have concerns about the impact of your status post divorce.
    Answer Applies to: Rhode Island
    Replied: 7/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. So long as the person resides in the state and county where the divorce is filed, they may proceed with divorce.
    Answer Applies to: Minnesota
    Replied: 7/12/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    If you meet one of the NY residency tests then you can divorce in NY. Other states have different residency requirements. New York Filing Requirements: In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or 5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)
    Answer Applies to: New York
    Replied: 7/11/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes.
    Answer Applies to: Oregon
    Replied: 6/10/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    As long as you satisfy the California residency requirement.
    Answer Applies to: California
    Replied: 7/4/2013
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