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How to correctly file for a "no fault divorce" in Wisconsin when spouse have moved out of the country

Milwaukee, WI |

I initiated the idea of filing for a no fault divorce , therefore will be filing on my own . We got married in 2009 out of the country ; do have marriage certificates , and husband officially came to the US in Dec 2012 via Green card that was issued because of me being a natural born US citizen . We lived in the same house for about 5 months & then he moved out . He left the US in Feb 2013 to where he originally came from ( did not renew his Green card before leaving ) . No children , property , name change and nothing that has both of our names . He does not plan on coming back so how should I file for a divorce .

Attorney Answers 2


You file a summons and petition for divorce the same as would in any divorce filing. You will need to make arrangements to have him personally served with the filed summons and petition in the country in which he resides.

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The biggest problem you have is obtaining jurisdiction over your husband. You must attempt to serve him with the Summons and Petition for Divorce. If you are unsuccessful there are additional step which you need to take. In the alternative, if you are in contact with him ask if he is willing to execute an affidavit of service, if he is , that would save you time and effort. Good luck!

I am licensed in Illinois and Wisconsin only I can not give advise in any other state. Any responses posted on Avvo do not constitute a contract and no attorney client relationship is created. Any answers given are based only upon the information provided and are not to be considered legal advice.

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