Can I file a divorce in US by living other countries?

UPDATED: Jun 17, 2009

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Can I file a divorce in US by living other countries?

Dear respective lawyer,We came Hong Kong 2 years ago, because of my husband’s job. He is working for Americanbank and he is AmericanChinese I’m green card holder. My children are all American I want divorce from my husband however Hong Kong matrimonial low is not fair to me. Can I file my divorce in US when I am outside the US. Best Regards,

Asked on June 17, 2009 under Family Law


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No. All of the states in the U.S. have residency requirements in order to file for divorce in their state. The amount of time that you have to reside in the state varies from state to state. Some require 6 months to a year, some less.

So before you can file for divorce in the U.S., you need to return to the U.S. and begin residency in one of the states. When you meet the residency requirements, you can file for divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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