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Can I get an annulment or divorce if my husband is not living in the U.S.?

Hickory, NC |
Filed under: Divorce

I am a resident of NC. My husband lives in Mexico. My husband and I were married in Mexico after he took a voluntary departure in 2008. At the time we were married we had a child that was 7 months old (my husband is not on the birth certificate because he was in Mexico at the time of delivery).

Since the beginning of the marriage he has lived in Mexico. We recently found out that my husband will not be granted a visa to return to the US. I am not willing to move my son and myself to Mexico. Since we have never lived in the same household since our marriage, let alone same country, could the marriage be annulled? If not, can I get a divorce even though he is not living in the US?

Attorney Answers 1


Yes, you can get a divorce, even if he is not living in the US. You should hire an experienced matrimonial lawyer and go over the same question with them since the specific requirements of process service vary from state to state.

Good luck.

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