My husband and i have been in the US for two years, we are here on L1-A visa's
we both have visa's until 2015 with an extension granted.
We have been separtated for 18 months and both want to move forward with our divorce.
There are no children and no financial commitments to each other, do we have to get this done in the UK or can we apply here in the US using the Simple Divorce / Summary Divorce Basics. The divorce is not contested, we live separate lives.
Mr. Gornbein correctly states the jurisdictional requirements for a Michigan divorce. Your post is marked as coming from Troy, MI, but the questions references a UK divorce so that is somewhat confusing. A person can only have one official residence for jurisdictional purposes. There must be some connection to Michigan, and Oakland County, such as a drivers licenses issued by this state, or a residence owned or rented in this state and county. Simply traveling to the UK, for example, even on extended business trips, will not defeat the jurisdictional requirement.
The response to this post is not intended to provide specific legal advice or to create an attorney client relationship. Nor does our response to your post constitute solicitation for legal fees.
You can still file for divorce in the state court regardless of your legal status. You should contact a Family Law Attorney in your area for assistance. There are many good attorneys in the Troy area and you can find them on Avvo. Good Luck!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
You can apply for a divorce here in Michigan as long as you meet the residency requirements. To file for a divorce you must be a resident of the county where you intend to file for at least 10 days and the State of Michigan for at least 180 days. If you meet those requirements then you can file for a divorce. Good luck to you.
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As long as you meet the jurisdictional requirements for the state where you are residing you can file for a divorce here in the United States. If you are living in Troy, Michigan the residency requirements are 10 days in Oakland County and 180 days here in the State of Michigan. You do not need to retain an attorney if the divorce is not contested. Good luck to you.
If you both have independent L-1A visas, your immigration status will not be imperiled, but if one or the other is on an L-2 dependent visa, that will evaporate when the divorce goes final.
Michael H. Sharon has been practicing immigration law for more than 25 years. His response to your question is not legal advice but only legal information and is general in nature since not all the facts of the case are known to him. We recommend that you contact an experienced immigration attorney to review all of the facts in your case in order that he/she can provide you with advice specific to your case. The statement above does not create an attorney/client relationship. If you wish to contact Mr. Sharon, please send him an e-mail at firstname.lastname@example.org.