QUESTION

What can I do if my husband who's a foreigner wants a divorce and he's living with another woman and they want to marry?

Asked on Jan 08th, 2015 on Divorce - Oregon
More details to this question:
My foreign husband separated from me after we lived in UK for 6 months, he wouldn't help provide for us, I had 2 jobs, trying to provide for us. So my kids moved back to US, and for nearly 2 years separated, now he meets another woman over the internet and moved back to the states, and now quickly wants to divorce me so she can marry and emigrate him to US to be with her. Will he be affected to not be able to remarry?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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This question brings up some jurisdictional issues and we would need more information in order to give you some firm answers. First, how long have you been married to your husband, where did you get married, where did you live before you went to the UK and how long did you live there, and have you lived in Oregon for six months since you came back? I am also assuming that you had your kids before you got married to this guy and that you have no children with him. Under Oregon law, either party can petition the court in the county where they live for a dissolution of marriage on the ground that ?irreconcilable differences? have arisen in the marital relationship and there is no way to contest that allegation. In order to file such a petition, you have to have lived in the county where the petition is being filed for at least six months prior to the filing. Other jurisdictional matters come up when other issues have to be addressed like spousal support, division of marital property and debt and child custody and support (if there are children of the relationship). Basically, if your husband has never lived in Oregon and is now living out of this state, you can get a dissolution but the court would not have personal jurisdiction over him that would allow the court to determine support and property issues. Over all, if your relationship with your UK husband is really over, the best thing you can do is get a dissolution of marriage and move on with your life.
Answered on Jan 12th, 2015 at 11:44 AM

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