Foreign spouse not living in the U.S, filing for divorce questions.

Asked over 2 years ago - New York, NY

I met my wife in college. We got married before graduation. She is foreign national. But at that time, she didn't think it's necessary for her to obtain a green card. Most importantly, she said she has no interests in getting a green card. So I went along with her decision for all those years. Long story short, now she is living and working in her home country. And we haven't meet face to face for over two years. We do talk, and call. Once awhile we do webcam. But it's just not the same anymore. And she has no intentions to stay in America with me. I want to file for a divorce. Start a new life. But she is overseas and will not be able to sign any divorce papers. Can I still get a divorce? What if she don't cooperate and refuse divorce?

Attorney answers (4)

  1. Adelola Sheralynn Dow

    Pro

    Contributor Level 7
    Best Answer
    chosen by asker

    Answered . You certainly need to speak with an attorney about serving your overseas spouse. You have not stated the country in which she is located, therefore, I cannot advise you as to whether service under the Hague Convention can be made upon her. Please read my short blog entry for more insight into the service issues you may face, and your possible solutions.

  2. Robert West

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can get a divorce with a minimal problem. Go see a divorce lawyer for assistance.

  3. Christopher P Norris

    Contributor Level 14

    3

    Lawyers agree

    Answered . You dont state which country she is in. The question of proper notice comes into play. Seek a local attorney to discuss getting the process done.

    This information provided is in the nature of general information and in no way creates an attorney client... more
  4. Luis Alberto Guerra

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should be able to get divorced. Contact a divorce attorney.

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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