QUESTION
How do you attain divorce from foreign husband who is abroad and where to begin?
Asked on May 05th, 2015 on Divorce - Nebraska
More details to this question:
I am an American citizen and married a foreign national while I was living abroad. We married while I was abroad. However, I have since returned to the US and am separated from my husband. I would like to seek a divorce from him. However, he is still living in Europe, and has no plans of coming to the US. What do I have to do to divorce him? Is our marriage even valid in the US?
6 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your marriage is generally recognized as valid in the US. Contact an attorney in Michigan which is a no-fault divorce state you can get a divorce without him present.
Answered on May 06th, 2015 at 9:59 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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He just has to be served with your Complaint for Divorce abroad, after you file here. He has to respond in 90 days or your divorce proceeds on a default basis. You didn't tell me if you have minor children or property. I need more information to give you a more detailed response.
Answered on May 06th, 2015 at 1:40 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If the marriage was valid in the country where it was solemnized, and was of a type which would be valid in the US, it will be recognized here, under a uniform law adopted in many states and countries, including Wisconsin. Consult an experienced family law attorney. Most of us have done divorces in the very same circumstances you describe. A Wisconsin court will exercise jurisdiction over the marriage, so long as you have lived in Wisconsin at least six months, and in the county where you bring the action for at least 30 days. Notice that the jurisdiction in a case like yours is over the marriage, not over your husband, if he has never spent much time here. So a court would not ordinarily provide for maintenance or division of property. If there are children, the Wisconsin court would likely exercise jurisdiction, but even this is less than 100% certain. So find a skilled family lawyer. Good Luck.
Answered on May 05th, 2015 at 5:07 PM
Travis Christiansen
Your marriage is valid. You can divorce him in one of two ways: First, if he agrees to it you can file a stipulation. If he does not you have to go through the Hague Convention to get him served in a foreign country.
Answered on May 05th, 2015 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Their marriage is valid United States it was valid in the country where was performed. Jurisdiction over the marriage, or in your case the party is determined by the county residence and therefore you can commence and obtain a valid divorce where you are currently living.
Answered on May 05th, 2015 at 4:11 PM
4 Awards
Yes, if you met the procedural requirements of the country where you were married, your marriage is valid. However, you can still divorce him if he is out of the country. You simply have to file, give him notice, meet the waiting period, and have a final default hearing (Assuming he does not hire an attorney or participate). Beware though that Nebraska would not have personal jurisdiction over him to make him pay you any money (if you are seeking that) and if you have personal or real property abroad, Nebraska cannot affect title to it. You also will need to have resided in Nebraska for one full year prior to filing for divorce here. You should at least consult with an attorney about your rights and responsibilities. Best wishes!
Answered on May 05th, 2015 at 4:02 PM