I'm a Jamaican citizen living in Jamaica. Over 20 years ago I married an American citizen... less than a month after getting married she migrated to the states and I never heard from her again. I'm now trying to get a divorce but it's complicated in my country without knowing where on the face of the earth my 'wife' is...and I don't want to go searching for.
You may need to hire a private eye or someone to do some skip tracing on her to see what state she resides in. You can file the divorce in the state where she resides, but you do not necessarily have to come to the states.
There may also be the option of annulling the marriage.
I do not know the laws in Jamaica, but in Colorado there are means to obtain substituted service.
It sounds as though your intent is to come to America and establish residency in a state for the purpose of getting a divorce. However, if your intent is not to remain, it would be arguable whether or not you reside in such state.
Best course is hire someone who can do a nation search for her, find the state she is in, and then file for divorce there.
It really depends on how long you can stay in the U.S. To get divorced in Colorado under these circumstances will likely take you nine months to a year. You will have to reside in Colorado for 90 days before you can file for divorce, you will then need to get permission to serve your husband by publication which will take at least a couple of months, and then you will have to wait at least 90 days after service is complete before the Court can enter a decree of dissolution.
Divorce laws in other states vary widely.
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At least in Colorado it requires that you be domiciled here for 91 days. C.R.S. 14-10-106. This is different from mere residence. Domicile means that you intend to make this your permanent home at least for the time being. Therefore, I do not think being here on a "visitor's visa" will qualtify. I think you need to do it there.
John H. Barrett
The other fine attorneys are correct. Another aspect of this issue is access to the marital property. Granted if you come to Denver and stay 91 days, intending Colorado to be you permanent place of residence, you can file a dissolution of marriage. But, you may not be able to include marital property and assets depending on where the assets are located and the type of service of process you obtain over your spouse. (e.g. service by publication as opposed to personal service, etc.). If you have no marital assets or debt then things are much smoother, as long as the court has subject matter jurisdiction over your case. Good Luck.
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