QUESTION
How can I have him divorce me while I am here in the Philippines and what legal actions can I do?
Asked on May 29th, 2013 on Divorce - North Carolina
More details to this question:
I was married back on November 2004 to an American residing in NC. We met in South Korea and got married here in the Philippines. Since he’s working as an army, he has to go back to the states and be apart from him. He filed me an immigrant visa but unfortunately I was denied. Time passed and he started to change, less calls and financial support completely gone. He abandoned me. It’s been 7 years of no communication but I’m still carrying his name in my passport. Since we have both moved on, I am asking him to divorce me but he just ignore me. Please help me.
1 ANSWER
Family Law Attorney serving Durham, NC
at
Morelos Law Firm
Update Your Profile
Unfortunately you cannot force him to file a divorce. If he won't file, then it is up to you. We cannot advise on the laws of another state, let alone another country, but the requirements for filing a divorce in North Carolina are 1 year of separation and 6 months residency in NC of EITHER party. This means YOU could actually file in NC based on HIS residency! This of course would mean that you need to come back to NC to do that, or hire an attorney to assist you with it. But if it's really a simple uncontested divorce with no other issues (such as alimony, property, or children), then it can in fact be done without you having to be present if you have an attorney assist you and it wouldn't cost that much. You can also consult legal counsel in your country to see if you qualify to file for divorce THERE.
Answered on May 29th, 2013 at 7:52 PM