How can he divorce a foreign wife? 3 Answers as of July 14, 2011

My boyfriend would like to divorce a woman he married 14 years ago. They lived together briefly in CA while she was visiting here from Sweden. Right after they married, she accused him of abuse, which caused a lot of legal problems for him, and somehow secured her green card status, even though they never lived together after that. They had no contact since then. Apparently, they may still be married. She may also have returned to Sweden - we found her Facebook page. We would like to find out if she already divorced him, or, if not, how he can divorce her in the simplest way. Thanks.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Had she divorced him, he undoubtedly would have had to have been served with her divorce case. He should try (or have a private investigator try) to locate her in Sweden, and find out her residence address, and askif she will agree to accept service by mail and return a dated and signed Notice and Acknowledgment of Receipt. If she agrees and complies with her agreement, service will be simple, and your boyfriend can proceed to get a divorce. If she either doesn't agree, or doesn't return a dated and signed Notice and Acknowledgment of Receipt, service will have to be done in accordance with the requirements of the Hague Convention re Service of Process, in order to proceed with the divorce.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
To find out if someone is divorced a person would go to the county clerk where the dissolution of marriage would have been filed and do an index search based on the parties names. If no evidence of a divorce can be found, then a person should file for divorce to ensure that their status as a married person is legally terminated before getting married again. A spouse residing in a different country presents service of process issues that an attorney should be able to handle for you.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Well, it is hard to fathom how he did not handle this situation prior to your inquiry. I would divorce the woman as soon as possible. She clearly just used him for immigration fraud.She is actually entitled to inherit from him if they are still married! He will have to serve her. You will need to do some research on that issue, or consult with an experienced Family Law Attorney or the Clerk's Office. There are many ways to achieve service, or substitute service. If you can find her in Sweden, you can have her personally served there. There are other, easier ways. Again, hire an experienced, local attorney.
Answer Applies to: California
Replied: 7/13/2011
Click to View More Answers: