I'm a US citizen and my wife is from Taiwan. Married in 1997 in Taiwan. We have lived apart for the last 10 years. We were never married in the US. Neither of us live in the US. I want a divorce and my wife refuses. I now want to re-marry in the US. I don't want to have to go to Taiwan to file divorce papers. Any advice?
It doesn't matter where you were married. If you live in the U.S. now, then this is the proper place to obtain your divorce. In fact, every state has a residency requirement that you actually live here for a certain period of time before filing for divorce. If your wife has issues with the divorce, she can raise those with the court, but she cannot prevent you for divorcing her. If she has no connection with the U.S. and refuses to submit to personal jurisdiction here, it is possible that a foreign court would hear any issues she has with property or support. But you could still obtain a simple divorce here, so that you could remarry.
It would probably be easiest for you to retain a lawyer to assist you in order to ensure that have proper service on your spouse.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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