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I am a US citizen married to a non-citizen who lives out of the US. How can I divorce without him contesting?
Springfield, MO
Viewed 42 times.
Posted 19 days ago in Immigration
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I met a man who was granted a 1 year university exchange as a college instructor. We dated for 7 months and then married two months before he had to return. He is required to stay in his country for two years before returning. June 2010 it will be two years. I would like to start divorce proceedings before he files to come to the US. My fear is that he will not sign divorce papers because he would be relinquishing his rights to become a US citizen once he returns. How can I start divorce procedure and guarentee that my divorce will be granted? Does he have any rights since he is not US citizen and never lived here while married? Could I file without him signing because I believe he will refuse my request.
Answers (2)
Scott D. Pollock
This attorney is licensed in Illinois and 1 other state.
Posted 19 days ago.
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You need to discuss the divorce process with a family lawyer. Most, if not all, divorce proceedings require notice of the action to be provided to the other party, but it may proceed even in that party's absence. The important thing to remember is that fundamental fairness and due process in any court proceeding requires notice and an opportunity to be heard be given to anyone that will be directly affected by the proceedings.
Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: spollock@lawfirm1.com internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features. 
Evita Tolu
This attorney is licensed in Missouri and 2 other states.
Posted 17 days ago.
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Under Missouri law you are allowed to serve notice by publication if you demonstrate to the judge that your husband is not in the country. I will be happy to assist you with this matter. Please contact my office.
This is general info only, it is not intended as a substitute for legal advice and does not create an attorney-client relationship. Evita Tolu, Esq. Stientjes & Tolu LLC Attorneys at Law 9378 Olive Blvd., Ste. 325 St. Louis, MO 63132 314-872-3988 telephone 314-872-9556 fax evitatolu@yahoo.com
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