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

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. Best answer

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


  3. 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 relationship with anyone including the individual who posted the question.


  4. 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 final, nor is it intended as legal advice.

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