I need a divorce. My wife is a Japanese national living in Japan with my son and she won't give me her address. How do I file? We married i the US in 2008, She returned to Japan in 2010 with our son. I filed for divorce in my state in 2010 but never sent her the documents because she threatened to never allow me to see my son if I divorced her. I need to file a divorce for real this time and I want to know how I can gain some sort of custody of my son. Please help. I've been looking everywhere and can not find help. I'm currently living in another state now. Do I need a lawyer in the state we married or my residential state now?
You need a lawyer in the state you are currently living, but you may also want to seek out an attorney in Japan, in the area that your Wife and Son live. The problem right now is that you can ask for divorce and be granted that in your current state, but they likely won't have jurisdiction over your Wife or Son, to require certain orders that you need for placement, custody, etc. So you can end the marriage from your current state, but will likely still have to pursue placement and other rights to your Son in Japan, given the length your Wife and Son have lived there, and the lack of them having lived in your current state. Since no one lives in the state you were married in, that state no longer has jurisdiction either, given how long it has been. You do need to work with an attorney given the complications of your situation. Best of luck to you.
The most important thing is for you to consult an experienced family lawyer in the county where you live. It is possible to do a divorce under the circumstances you mentioned. Generally speaking you have to try to have her personally served, and when with the due diligence you cannot do that, then you can serve her by publication. An experienced lawyer can help you get this accomplished. Good luck.
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