Simple Divorce / Summary Divorce Basics

Asked over 2 years ago - 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)

  1. Henry S. Gornbein

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    Contributor Level 16

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    Answered . 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

  2. Timothy P. Flynn

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    Answered . 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... more
  3. Henry S. Gornbein

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    Contributor Level 16

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    Answered . 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

  4. Edward Jacob Sternisha

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    Contributor Level 17

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    Answered . 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... more
  5. Michael Harold Sharon

    Contributor Level 13

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    Lawyers agree

    Answered . 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... more

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