QUESTION
Is there an easier way to dissolve this marriage since he is not a US citizen?
Asked on Aug 24th, 2012 on Divorce - Michigan
More details to this question:
I am an American. My husband is British. I live in America and he is in England waiting for the Green Card application to approval. I want a divorce. He is being difficult. I need to send him the papers but doubt whether he will fill them out. I am looking into having a process server serve him, but I wonder what happens after he was served? My thought is that he will not fill out the paperwork. What happens after a process server serves him and he does not reply? Thank you.
15 ANSWERS
James Albert Bordonaro
Where were you married. in the US or in England?
Answered on Jun 13th, 2013 at 2:44 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You would have to request a default judgement.
Answered on Aug 27th, 2012 at 9:19 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
It isn't clear what you mean by an "easier way", but you need to consult a lawyer to determine the specific requirements in your state of residence. You don't need your husband's signature or approval in order to have the marriage dissolved. His residence in the UK may complicate resolving any financial issues, but it won't prevent getting the divorce in the US. However, your situation is too complicate for you to try and do it yourself.
Answered on Aug 27th, 2012 at 3:29 PM
Family Law Attorney serving Calabasas, CA
at
Shulman Family Law Group
Update Your Profile
You may file for a default, and then a default trial. You get the divorce without his participation.
Answered on Aug 27th, 2012 at 3:29 PM
If he is properly served and does not file a response, you can file an application for default and obtain a divorce by default. You should consult with an attorney good luck.
Answered on Aug 27th, 2012 at 3:29 PM
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
Once your spouse is personally serve he has 30 days to file his response. If he fails to respond you can proceed by default and the court will enter an order according to what you asked for in your Petition. Your ex at that time has six months to request a set aside by filing a motion. If he does nothing, the original court order stands.
Answered on Aug 27th, 2012 at 3:28 PM
You need to consult a family law attorney about how to conduct a default proceeding in the event of his non cooperation. So long as you can serve him with the proper paperwork he need not fill out anything.
Answered on Aug 27th, 2012 at 3:28 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
If he doesn't reply, then you can take a default judgment against him.
Answered on Aug 27th, 2012 at 3:27 PM
If you properly serve him with divorce papers, there is nothing for him to "fill out" unless he wants to ask the court for something different than you have requested. If he does nothing, you may be able to proceed by "default," which means the divorce goes forward without his participation. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Aug 27th, 2012 at 3:27 PM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
Update Your Profile
If you are in Wisconsin, you don't need your husband to sign or agree to anything. You'll need to file a petition for divorce, serve it on him, and then if he doesn't show up the court will eventually proceed without him.
Answered on Aug 27th, 2012 at 3:27 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
This could be complicated ... You really need to hire an attorney.. In general you can serve him internationally.. or by alternate service with permission of a judge.if you get him served .. and he does not reply.. you can get a default judgment of divorce.. the question is do you have any marital property to divide? BTW He does not want to divorce you or sign because his green card will be automatically denied if you do so that is probably his motivation..if you do not want him in the US after your divorce notify Immigration that you divorced him and his green card appl will most likely be denied.
Answered on Aug 27th, 2012 at 3:27 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
All you need is service to go forward
Answered on Aug 27th, 2012 at 3:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Once served the process will go forward regardless of his cooperation.
Answered on Aug 27th, 2012 at 3:26 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
After service, a defendant has a period of time to answer or reply. If no answer or reply, a default can be entered. Thereafter, a default divorce judgment can be entered.
Answered on Aug 27th, 2012 at 3:26 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
at
Robert J. Merlin, P.A.
Update Your Profile
The only paper he must fill out is a Financial Affidavit, but only if you have children with him or you are seeking alimony from him. If not, once he is served, if he does not file an answer within 20 days of being served, you are entitled to the entry of a default against him and you can then ask the judge to enter a final judgment dissolving your marriage. You do not have to serve him personally. You can serve him by publication. Consult with an attorney or your local clerk to find out how to do that.
Answered on Aug 27th, 2012 at 3:26 PM