QUESTION

Can I get a divorce in the US if I was married overseas?

Asked on Aug 04th, 2011 on Child Custody - Colorado
More details to this question:
I came here from India as a dependent to my spouse who is on student visa. He obviously has a heavy loan to repay. My first question is, if we got married in India, can we still get a divorce here? If I seek divorce will I get any alimony and child support (we have a 6 yr old daughter). If I decide to go back to India with my daughter, can we continue to get the child support and alimony? What kind of remuneration can I expect from my husband, given that he still has loads of student loan to repay?
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14 ANSWERS

Trusts and Estates Attorney serving Jacksonville, FL
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You probably can get a divorce her, more information is needed like the time you have been in Florida. As far as leaving the US with the children, you would have to see what the judges divorce and child custody orders state.
Answered on Jul 25th, 2013 at 10:07 PM

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Your issues are too specific to be dealt with in a general manner. Please make an appointment with a local domestic relations attorney who can provide proper guidance.
Answered on Aug 08th, 2011 at 10:56 AM

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Roianne Houlton Conner
Yes you can get a divorce if you have been in Alabama for six months or more. As to alimony that depends on the number of years you have been married. After a divorce if you get custody of your child you would need permission of the Court to remove her more than 60 miles from where she is currently located at the time of the divorce.
Answered on Aug 08th, 2011 at 5:07 AM

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Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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As long as you were legally married anywhere, you may obtain a lawful divorce in the State of California. All issues in the case including custody, visitation, child support, spousal support, community property, separate property, and any other legal issue will be resolved according to the California Family Code, and relevant other California Codes.
Answered on Aug 05th, 2011 at 10:27 PM

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You ask several questions. Not all of them will I be able to answer. You are in the US with your spouse. Your spouse is here on a student visa. Can you get divorced here in Washington? Yes. As long as you are a resident of the state, you could file here. Your other questions are largely about the financial aspects of your situation. However, they will probably require input from an immigration attorney to answer them. For example: Normally, in a divorce, a court would order child support to be paid. The amount of the child support is normally based on the income of the parties. Your husband is here on a student visa. I am not an immigration attorney. However, I suspect that this means that the amount of "work" your spouse will be allowed to do in the US will be quite limited, based on Federal immigration law. That may create a problem for the state court trying to order child support.
Answered on Aug 05th, 2011 at 9:23 PM

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Yes you can get a divorce here. As long as you have lived in your county for as least 90 days, you may file for divorce in that county. You husband will be required to pay child support in the amount of 20% of his income for the one child. As for your support, now called maintenance, it will depend on other factors that may be discussed in a more private setting. We do offer confidential 30 minute free consultations if you would like to call the office to make an appointment.
Answered on Aug 05th, 2011 at 5:08 PM

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General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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If you've lived in Oregon for the past six months, you can get a divorce here. You will be entitled to child support and possibly alimony, but the amount depends on your overall economic circumstances.
Answered on Aug 05th, 2011 at 3:53 PM

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Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
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Yes. As long as you were here in Ca for 6 months and in your county for 3 months.
Answered on Aug 05th, 2011 at 10:45 AM

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Family Law Attorney serving Las Vegas, NV at Willick Law Group
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Your first question is easy: yes. If you are lawfully married, regardless of where the marriage occurred, you can get divorced in the U.S., in any State in which you are a resident (in Nevada, that means you've been here six weeks). All your other questions require information you do not supply, and are best answered in a full consultation with qualified counse
Answered on Aug 05th, 2011 at 9:56 AM

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Glen Edward Ashman
In Georgia, one can get a divorce once one party has lived here six months. The location of the marriage doesn't matter. Any divorce involving a child has to address child support and visitation and custody. Whether there is alimony depends on many facts you have not shared. Discuss these details with your lawyer.
Answered on Aug 05th, 2011 at 8:29 AM

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Divorce Attorney serving Little Rock, AR at Law Office of Kathryn L. Hudson
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Where you got married is not an issue in obtaining a divorce in Arkansas, but rather residency. To get a divorce in Arkansas you must show that you have been a resident of the state for 60 days and that the grounds for divorce occurred in Arkansas sometime in the past five years. Child support is factored on the non-custodial parent's net income after state and federal taxes, not after debts. His student loans will not be used to reduce the child support. Alimony is generally only awarded after ten years of marriage. If you move out of the state you may still receive your child support payments through the Arkansas office of Child Support Enforcement.
Answered on Aug 05th, 2011 at 7:30 AM

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Yes you can get divorced here in Washington.
Answered on Aug 05th, 2011 at 7:27 AM

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Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
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You can get a divorce here. The Courts will recognize a valid marriage elsewhere. You will receive child support if you are the primary parent. Spousal maintenance (alimony) is based on many factors including one's need and the other's ability to pay coupled with the length of your marriage. You will receive these obligations regardless of where you live. I can't answer your property division question without more information. Washington Courts divide assets/liability fairly and equitably.
Answered on Aug 05th, 2011 at 7:19 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Yes, as long as you and/or your husband otherwise meet the residency requirements. In Colorado, that means one of you has to have been domiciled (not merely "present") in Colorado for 90 days before filing the divorce petition. Assuming you have a valid green card or long term visa to be in the US, you should be able to satisfy that residency requirement. If the child lives with you the majority of the time, the father will be required to pay you child support. Whether you will receive spousal support (alimony) depends on the overall financial facts and circumstances that involve balancing your needs against your husband's ability to pay, under some broad, general principles. There are no fixed rules and each case is different. If child support and/or alimony is awarded, that duty would not stop simply because you choose to return to India - but, it could be more difficult to enforce those obligations from India. You need to consider that in allocation of parental responsibilities the Court probably will not give you unilateral authority to take the child back to India and you will probably need the obtain court permission to do that in the future. Your husband's student loans are only one part of the overall financial picture, so it isn't possible to say how that will affect the final terms for the divorce. You need to consult an attorney to get a more informed opinion of what to expect after evaluation of all the relevant information.
Answered on Aug 05th, 2011 at 7:19 AM

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