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My husband has been living overseas for about 10 years. I have been commuting back and forth to visit him but it is not working anymore. We want to get a divorce as cheaply and easily as possible and we agree about this. We did not have any children (I had children from a previous marriage) and he does not have a green card but he had a visa. Where do we file? Can he still be outside of the country? Do we need an attorney because he is out of the country and this complicates things?
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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In Michigan you can sue him for divorce wherever you live.. . if you do not know how please hire an attorney.
Answered on May 22nd, 2015 at 12:20 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I think you'd benefit from hiring a lawyer, but not because your husband is out of the country. An experienced lawyer will know how to deal with that problem. In Wisconsin, only one spouse needs to be a resident of Wisconsin. You must have live in the State at last 6 months, and in the county where you file the action at least 30 days. The other spouse's residence does not affect the court's authority to grant the divorce. But you should be sure to see that is is properly 'served,' so that the court also acquires jurisdiction over all the matters which must be resolved in a divorce. Get a good lawyer. Good Luck.
Answered on May 20th, 2015 at 3:21 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can file in whatever state you live in as long as he agrees to the jurisdiction if he hasn't lived in the state.
Answered on May 20th, 2015 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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All divorces can be potentially complicated and are best prosecuted with the use of an attorney. The proper venue for your filing is in the state and County of your current residence within the United States. The fact that he is overseas does not change that fact.
Answered on May 20th, 2015 at 1:55 PM
There are issues that are raised where one party is out of the Country. My suggestion is that, yes, you hire an attorney to handle the divorce. It should be done quickly and be relatively inexpensive. Good luck.
Answered on May 20th, 2015 at 1:40 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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As long as you can get it personally served on him, which includes having him sign a notarized affidavit that he received it, then you can file in whatever county you live in.
Answered on May 20th, 2015 at 1:39 PM
You need to file for divorce where you are a resident. Then he can be served with the papers and if you both agree, the case can be handled by default. All you have to do is prove you filed all the correct papers and that he was properly served. A good family law paralegal can guide you through this quite inexpensively.
Answered on May 20th, 2015 at 1:12 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You are never required to have an attorney but it can be helpful. As for where to file, you can file in the county where you live. So long as he will accept service, it should be a fairly easy and straightforward case.
Answered on May 20th, 2015 at 1:01 PM