How to proceed with divorce if an American and an Argentine married in Denmark?

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How to proceed with divorce if an American and an Argentine married in Denmark?

Married in 10/08 in Denmark; separated in 06/10. Not a legal separation. So, apart 10 months now. I’m American. My wife is Argentine. No children. No assets. Resided in SE Asia until separated. If relevant, my wife didn’t acquire a taxpayer ID until after we were married. No green card paperwork was initiated. Lived in NY until I moved to SE Asia. Residing in CA currently since November. How can I begin to proceed?

Asked on April 11, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

The Citizenship of your wife and where you were married can indeed play a part - somewhat - on getting a divorce.  But I am assuming that your Wife is with you and that she has some form of residency here, correct?  Then as long as you meed the jurisdictional requirements for California you should be fine.  By that I mean, every state requires that you reside there for a certain period of time (generally 6 months) prior to filing for divorce.  Counties also may require that you reside there for 6 months prior to filing.  Go and seek help from an attorney in the California are that deals with matrimonial actions.  Good luck to you both.


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