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I am a foreigner that married a man and resided with him in California. My application for a green card was not successful and I was forced the leave the United States. My husband still resides there. Since I can no longer return to the U.S. I now wish to divorce him but can not return to the U.S.to file. I have requested that he file for divorce but he is not willing to do that nor assist me in finding a solution. I want nothing from him, only to divorce and get on with my life.

My question is How can I file for divorce without returning to California?

Asked on October 5, 2018 under Family Law, Alaska


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

Answered 4 years ago | Contributor

While you list "Alaska" as your state I am assuming that is not the case based upon your question.  The answer here is that you divorce him pursuant to the rules and laws in your home country.  He must be served in the US.  The issue here is that you may not be able to obtain any releif other than divorce., e.i., no alimony, child support, etc.  Speak with an attorney.  Good luck.

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 AttorneyPages.com 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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