QUESTION

Can my girlfriend who is on a tourist passport file for divorce or an annulment if she was married in another country?

Asked on Jun 22nd, 2014 on Divorce - Wisconsin
More details to this question:
My Philippine national girlfriend is married. Her husband left her 5 years ago and moved to another country. Her husband has not supported her and their daughter for the last 5 years. Can she file for a divorce or an annulment in the Philippines or in the U.S. on a tourist passport and be free of him?
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5 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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You cannot file for divorce in the state of Utah unless you have resided here for at least three months. I do not know off the top of my head whether someone who has been in the state of Utah for more than three months, but as a foreign national on a tourist or other kind of visa, could qualify as a Utah resident. The question of whether your foreign national girlfriend can be considered a resident of the state of Utah for divorce purposes is best addressed to a very good, very smart, very experienced immigration attorney. My best guess, however, is that someone from another country here in Utah on a tourist visa is clearly someone who does not intend to stay on a permanent basis but by definition someone who intends to spend time in the U.S. temporarily. Which means that she probably would not qualify as a resident of the state of Utah and thus be unable to file for divorce here. But I don't see why she wouldn't or couldn't file for divorce in the Philippines.
Answered on Jun 30th, 2014 at 8:46 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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I am unsure of Philippine law but she can probably file in the Philippines.. However, unless she has permanent residence in the US it is unlikely she can file here.. jurisdiction of the US courts requires at least one party to the divorce be a US resident
Answered on Jun 26th, 2014 at 9:52 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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She can only file for divorce where she is a resident. Check with an immigration attorney to see if she can qualify as a "resident" at the present time.
Answered on Jun 26th, 2014 at 9:52 PM

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Bruce Provda
You need to be a resident to file for divorce and meet the residency requirement of whichever state you file in.
Answered on Jun 26th, 2014 at 9:52 PM

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Divorce Attorney serving Brookfield, WI
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Depending on where she files in the US, she just needs to meet the residency requirements to file the action. In WI, it is being a continuous resident for six months in the state and 30 days in the county that the action is filed in.
Answered on Jun 26th, 2014 at 10:42 AM

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