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Can a tourist person file for a divorce here in the USA?What documents needed?

I came here on a multiple tourist visa and I want to marry my permanent immigrant girl friend.We have 2 kids who were born here.My marital status is 'married' but I have been separated from my wife for 10 years.She has her own family now.We don't have divorce in the Philippines and annulment will take many years.Can I be elligible to apply for a divorce and get married to my girlfriend?Please help and thanks so much.

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Attorney answers (1)

Reputation Level 20
Assuming you hold a green card, you can file for divorce in NJ. I would also check to see if the Phillippines is a signatory to the Hague convention which means the country will honor the American court orders, You can file for adultery since the other wife remarried, and must send copies of the petition to the wife in the Phillippines.
You can get information from the Phillippine consulate.You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).

You might find my legal guide on medical malpractice helpful.

You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).
You might find my legal guide on international law and child abduction helpful.

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
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