what is legal divorce entitlement if spouse is not US Citizen marriage is only of 2 yrs??

spouse went back to Germany 4 months
ago. Did not financially contribute to
marriage. Refuses to sign divorce
papers demanding money

Asked on April 5, 2017 under Family Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you know your spouse's whereabouts, as the filing spouse (i.e. the "petitioner")you can serve them a copy of the "compaint" (basically your petition for divorce). As a general rule, the non-filing spouse (i.e. the "respondent") has 30-60 days to file their reply or "response". If they fail to do so within the time specified, you can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can appeal). In your case, since your husband is living out of the country, the notice requirements will be a bit more complicated. Therefore, your best course of action is to hire an attorney who has experience in this type of divorce as they can best advise you further.


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