QUESTION
How do I divorce my wife if she is in another country?
Asked on Dec 02nd, 2011 on Child Custody - Georgia
More details to this question:
I am in the US Army and I am wanting to file a divorce. The wife lives in the Philippines. She is a Philippines citizen. The marriage took place in March 2011. The husband lives in the US. Without consent, can he file for a divorce in the state that he currently lives in?
8 ANSWERS
Generally yes.
Answered on May 31st, 2013 at 12:22 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You don't need wife's consent to file for divorce anyplace where the law permits you to file. Since you are apparently on active duty, you are probably not a legal resident of the state where you are stationed, so you need to consult your base legal assistance office for more information about your options.
Answered on Dec 06th, 2011 at 12:19 PM
Once your petition for dissolution of marriage is filed, it can be personally served on your wife with a process server in the other country. Or, if she is willing to cooperate, you can send her documents which she will sign. There are other methods, too but you should have the assistance of an attorney for this kind of issue as it relates to the court having jurisdiction over your wife for the case.
Answered on Dec 05th, 2011 at 5:32 PM
You can file for divorce in the state that you live in, even if she lives in the Phillippines. You haven't given me enough information as to whether or not you've established residency in the state you currently reside in and you haven't given me enough information as to whether or not the state you reside in has personal jurisdiction over your wife. This are procedural questions and difficult questions to answer, if you do not have an attorney. Another challenge you have will be serving her in the Phillipines or wherever she may be. There are alternatives to personal service. However, this is also challenging and you would be wise to seek the advice of an attorney to overcome these procedural issues.
Answered on Dec 05th, 2011 at 3:57 PM
James Albert Bordonaro
If the marriage took place in Kansas then the divorce can occur here as well. The main issue would be to get personal service over the wife in the Philippines.
Answered on Dec 05th, 2011 at 3:26 PM
Special rules govern the ability of military personnel to retain residency despite extended absence from their State of Residence while on duty, often permitting them to file for divorce there despite not being physically present. Alternatively, you can probably file in the place where you happened to be stationed (this varies from State to State), and no, you do not need her consent.
Answered on Dec 05th, 2011 at 1:51 PM
He needs to search the laws of the land he is currently in, for instance, to file for divorce in Illinois, one must be a resident of the state for at least 90 days prior to filing for divorce.
Answered on Dec 05th, 2011 at 1:44 PM
Glen Edward Ashman
Maybe. But remember the wife has to be served and could contest the case.
Answered on Dec 05th, 2011 at 11:35 AM