Can an American who was married in Italy and is living there withan Italian citizen,file for divorce in theUS ifthey move back?

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Can an American who was married in Italy and is living there withan Italian citizen,file for divorce in theUS ifthey move back?

I am American citizen but a resident of Italy. I married an Italian in Italy 6 years ago. He wants to end the marriage. By Italian law we have to first file for legal separation then it is a minimum 3 year wait before the courts will grant a divorce. During those 3 years I am permitted to return to the States to live (in IN). Since I am an American citizen, is there any way to file in the US so that I could speed up the process? There are no children involved and I believe that we will not be fighting about assets.

Asked on April 18, 2011 under Family Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

Yes, you can file in the US - once you establish residency in IN - no matter where your marriage took place.  Of course, you would have to make sure that your spouse is properly served in his country of residence (Italy).  You can check with the courts or a divorce lawyer as to this. Just for your information, state residency is established after 6 months in IN.  You should bring the action in the county in which you live.


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