Can I file for divorce ifI permanently reside outside of the US?

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Can I file for divorce ifI permanently reside outside of the US?

I was married in VA and now live in the Philippines. My husband does not have any plans on filing for divorce. I am a Filipino citizen and they do not honor divorce here. Am I still considered as married?

Asked on February 20, 2011 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I can not give any guidance as to the laws in the Philippines but if your husband has not filed for divorce here then you are considered legally married in the United States.  And no, unfortunately you can not file for divorce in the United States if you are a not a resident here.  I am assuming that when you were here you had a visa and an application pending to become a resident alien?  Then as long as you had those you could have established the necessary residency requirements in Virginia to file for divorce.  Generally it is required that you live somewhere at least 6 months prior to filing for divorce (State and County requirements).  I am sorry.  Good luck.


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