Can I file for divorce while living in another country?

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Can I file for divorce while living in another country?

 I live in the the UK; I am married in the US.

Asked on October 21, 2010 under Family Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

Generally speaking, in order to file for divorce one must meet the residency requirements of the state in which they wish to file.  This allows the court to have what is known as jurisdiction over you and the matter.  You have listed Indiana here as the state.  Here is the law in Indiana:

"At the time of the filing of a petition, at least one (1) of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation within Indiana; for six (6) months immediately preceding the filing of the petition. At the time of the filing of a petition, at least one (1) of the parties must have been: (1) a resident of the county; or (2) stationed at a United States military installation within the county; where the petition is filed for three (3) months immediately preceding the filing of the petition."

Is your spouse in the US?  Then they can file.  Speak with an  attorney as to your option.  Good luck. 

 


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