I was married in Ecuador in 2007 with an Ecuadorian citizen. (I am a US citizen), we had a daughter in 2008 and We have not been together since late 2009. I do not even have an address or phone number for him. I was understanding that marriages in Ecuador have to have the divorce processed through Ecuadorian courts. I hired a lawyer in Ecuador in 2012, I still am not divorced and am looking for any option. I since have met someone and we have a child together. I desperately want to get this divorce taken care of to go on with my life. I just moved to VA from PA so im not sure which state I should try to get the divorce from, please help me!!!
Ordinarily you get divorced where one of the parties currently lives, NOT where you were married. The only reason to go back to the country you were married in is if you are concerned that that country would not recognize a divorce decree from the U.S. and you need that country to recognize you as divorced.
In any divorce you have to meet residency requirements before filing. For instance, in Virginia you must live here for six months before filing here and you must live here at the time of filing. Assuming that Pennsylvania has similar residency requirements then you could only file if you still lived there. So since you just moved, you are in legal limbo where you can't file anywhere until you have lived in one state for the required residency period. This is actually very common.
So, unless you are planning to move back to PA, I would just stay put in VA for the required six months and then file here. You could also file wherever your spouse lives based on his residency in that state, but since you don't know where he is that is not an option for you. But the fact that you don't know where he is creates another issue of how to provide him with legal notice of the divorce. If you have used due diligence to try to locate him and you are unable to find him, you can provide legal by publication in the newspaper. We do this all the time, but it does add a couple of extra months to the divorce process. But within a few months of meeting your residency requirement your divorce could be final.
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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