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Simple Divorce / Summary Divorce Basics

Troy, MI |

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.

Attorney Answers 5

Posted

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.

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Asker

Posted

Thank you for your comment Mr Flynn, Sorry for the confusion, Both my husband and myself are from the UK, we are UK citizens here on L1 Visas, we both have Michigan drivers licences, we both rent in michigan, we pay michigan taxes, and have been here for 2 years, we have 3 years left on our Visa's then we can extend or apply fro green cards. The only reason i mentioned the UK is that's where our marriage is registered. We are residents of MIchigan, we have no home or assets in the UK.

Timothy P. Flynn

Timothy P. Flynn

Posted

Ok, understood. The fact that the marriage is registered in the UK does not affect the jurisdiction of the county family court. By being here (Michigan) for two years, and in Oakland County for at least 10-days, Michigan would have jurisdiction and venue is proper in Oakland County.

Mary Katherine Brown

Mary Katherine Brown

Posted

It is always best to rely on the advice given by your local attorneys because they are most familiar with the relevant, up-to-date information.

Posted

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.

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Posted

Thank you Edward, i was hoping we could fill in the paperwork on line and just submit to the county Clerk, do you think this is a good option for us.?

Edward Jacob Sternisha

Edward Jacob Sternisha

Posted

While there are plenty of "Fill-In-The-Blank" legal forms out there, a divorce can be full of so many things that the generalized forms will not have for you. There is a reason for attorneys and this is one of them. There are plenty of attorneys who will give you a free consultation which I strongly recommend. While it may seem easier to simply fill in the blanks, I would hate to have you regret it later. Keep in mind, you should tell any attorney you consult with about your legal status in the U.S. I doubt the generalized forms take that into consideration. Good luck!

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, the highest regard should be given to the information provided by your local attorneys.

Posted

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.

Henry Gornbein
40900 Woodward Ave., Suite 111
Bloomfield Hills, Mi. 48304
248 594-3444
hgornbein@familylawofmichigan.com

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Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Posted

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.

Henry Gornbein

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Posted

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 sharon@visaskk.com.

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Howard M Lewis

Howard M Lewis

Posted

great advice

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