How canI get a divorce ifI live outside the US?

I married 10 years ago. After some differences with my husband, I decided to move out of the country. Now I want to divorce and I know he is agreement with that. What are the steps to do it by myself?

Asked on November 10, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are you a citizen of the United States but just living abroad?  Do you have citizenship in the country in which you are living?  You need to have established residency in the state in which you live prior to filing for divorce.  You use Pennsylvania here as a state fro which your question originates so I will use that state as an example here.  In the state of Pennsylvania, in order to file for a divorce in Pennsylvania, either spouse must be a resident of the state for at least six months prior to filing.

A proceeding for divorce or annulment may be brought in the county: 1.where the defendant resides; 2.if the defendant resides outside of this Commonwealth, where the plaintiff resides; 3.of matrimonial domicile, if the plaintiff has continuously resided in the county; 4.prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or 5.after six months after the date of final separation, where either party resides. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3104)

I think it best that you speak with an attorney in person on this matter.  Good luck.


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