What do I need to divorce? 21 Answers as of July 04, 2013

I am married to a man and I am from the UK and I want a divorce and I'm fixing to leave to go back to England. How do I go about getting the divorce?

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
The process is relatively simple and you can get the basic information from the court service center of the court nearest you. Things become complicated if you have children involved. You might want to consult with an attorney if that is the case.
Answer Applies to: Connecticut
Replied: 7/11/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
If you meet the residency requirement (have lived in the state? long enough to be able to file, then file the divorce in that state?) unless you are not coming back in which case, your spouse may file, and you may be defaulted if you do not appear. Talk to attorneys on both sides of the pond to learn the advantages/limitations of either both jurisdictions.
Answer Applies to: Rhode Island
Replied: 7/11/2011
Willick Law Group
Willick Law Group | Marshal S. Willick
If you will be here for a while, completing the divorce may be far faster, cheaper and easier here than once you return to the UK.
Answer Applies to: Nevada
Replied: 7/4/2013
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law you would need to file a petition for dissolution of marriage with the court and then have a copy served on your husband. If the two of you can agree on the terms of the divorce, you could then enter an agreed divorce decree with the court once 90 days have passed. If you cannot agree on the terms of the divorce, then you will need to go through a trial to have the court decide.
Answer Applies to: Washington
Replied: 7/8/2011
The Reed Law Firm, P.L.L.C.
The Reed Law Firm, P.L.L.C. | Vanessa Reed
I recommend that you file prior to leaving. In Virginia, you file a Complaint for Divorce, and have the other party served. The divorce is properly filed in the jurisdiction that you last lived in as husband and wife.
Answer Applies to: Virginia
Replied: 7/7/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Unless you retain a lawyer and file for the divorce before you return to the UK, it would likely be better than you remain in the US until the divorce is concluded. The first concern you need to deal with is whether or not your husband has been a legal resident of Colorado for 90 days before filing. Since it appears you may not be a legal resident of CO yourself, you won't be able to divorce in CO unless your husband is a resident. You need to discuss this issue with a knowledgeable attorney. If you determine that CO can handle the case, the question of whether it is a good or bad idea to leave before it over depends on what all may be involved in deciding the final terms for the divorce. This is, again, what you will need to discuss with an attorney.
    Answer Applies to: Colorado
    Replied: 7/7/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    It depends if you are trying to file on your own or with an attorney. We help individuals file on their own, or the client can hire us for their case. Please review your options at our website.
    Answer Applies to: Wisconsin
    Replied: 7/7/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I doubt that I can tell you everything there is to know about divorce in one short email. However, you mention that you are planning to return to the UK. Are you planning on doing this before or after you get divorced? If you are going to start the divorce here, to be on the safe side you should probably hire an attorney and plan on staying here until the divorce is final. I say this because I can imagine a situation in which the divorce is filed here, you are living in the UK, and something goes wrong with the divorce. You could end up having to make multiple trips back here to deal with the divorce. For example, suppose you and your spouse make a deal to settle your case. You file here. You return to the UK. Then, your spouse just wanders off and never does anything further with the case. Then, nothing would happen with the case and you could end up having to return to move the case forward or risk having it dismissed. Or, if your case became contested, you might have to return for hearings and/or for trial. There are just too many possible ways for this situation to go wrong for me to give you any definite answer.
    Answer Applies to: Washington
    Replied: 7/7/2011
    Peterson Law Group, PC
    Peterson Law Group, PC | Erin Keeler
    You should file for divorce before you leave for England. You can retain an attorney to prepare the documents for you or you can go down to your local courthouse and ask if they have forms for your situation (i.e. divorce with custody issues, divorce without custody issues, etc.). You will have to wait 90 days from the date you file before a judgment for divorce will be entered unless you and your wife can agree to everything, or you get a default against her (she doesn't respond to the petition for divorce). You can call the Oregon State Bar for a referral for a local attorney who handles divorce cases.
    Answer Applies to: Oregon
    Replied: 7/7/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    You can file a Petition for Dissolution of Marriage in the county in which you or your husband reside. If you would prefer to have it done in the UK, you would most likely need to establish residency there (as defined by their laws) before beginning the process.
    Answer Applies to: Illinois
    Replied: 7/7/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can start it here and hire counsel to represent you here; but if your presence is required you may have to return.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You need to have basic information, date of marriage, place of marriage social security numbers, have you live in Michigan for 180 days and the county you are filing in for 10 days prior to filing for divorce, list of assets and debts. Serving him with the legal papers is going to be a big hurdle since he lives out of the country. If you plan on moving back to England, why not get the divorce there?
    Answer Applies to: Michigan
    Replied: 7/7/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Assuming you meet the residency requirement here, you should simply retain a divorce lawyer concerning all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Hire a lawyer to file papers. clerk of court has self help papers.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    File a petition and summons, serve it and proceed.
    Answer Applies to: Washington
    Replied: 7/4/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    If you or your spouse have resided in OR for at least 6 consecutive months, you should file a petition for dissolution of marriage with the court in the county in which you currently reside.
    Answer Applies to: Oregon
    Replied: 7/4/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your best bet would be to retain an experienced Family Law Attorney to file a Divorce case and advise you regarding the specific facts of your marriage and divorce, regarding children (if any), support (child support and/or spousal support), property division, and seeking an order for your husband to pay attorney's fees and costs.
    Answer Applies to: California
    Replied: 7/7/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    If you have been a resident of the State of Florida for more than 6 months, you can file here for divorce. The question becomes are there any children involved and where is your spouse. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 7/7/2011
    Brandon L. Baker Attorney at Law, P.C.
    Brandon L. Baker Attorney at Law, P.C. | Brandon L. Baker
    You will likely need an attorney to represent you here in the states. If she is in Utah I would be happy to set up a free consultation to give you an idea of the costs, fees, and timeline.
    Answer Applies to: Utah
    Replied: 7/7/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You must be a resident of Ohio for six months and a resident in your local county for ninety days. The rest of the divorce statutes will need to be explained to you by a domestic relations attorney. If you created a qualified domestic trust when you came to the US, make sure you tell your lawyer.
    Answer Applies to: Ohio
    Replied: 7/7/2011
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