My Boyfriend is about to file for divorce soon, he currently incarcerated, and he want to come to me to germany as soon as he get released from the halfwayhouse. my question is now, if he file for the divorce while he still in Seattle, can he get it finished while he overseas and if so, how does it work or do he have to stay in seattle until it´s over?
No, he will have to appear at the final hearing.
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Family Law Attorney
The answer depends on the specific facts that are missing from your post.
If the dissolution is agreed by both parties and at least one of them hires an attorney, in King or Pierce Counties neither parties need to be in court for the final orders to be entered. In fact, in King County no party or attorney need to physically be in the courthouse for the final orders to be entered. Other counties may also have similar procedures.
If the parties disagree on the terms of the dissolution, there will be a trial. In order not to lose by default, a party must physically be in the courtroom at the trial.
Persons are in halfway houses because they have been recently released from prisons. Persons are in prisons because they have been convicted of serious crimes. Persons convicted of serious crimes often cannot just enter another country. Your boyfriend should check whether Germany would allow him to enter Germany.
Frankly, how well do you know this person? How is a person in prison be able to contact someone in Germany? Unless you already know this person very well, you likely should check this person out more.
In most cases the divorce can be finished even if the petitioner moves overseas. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on divorce for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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