How can I get a divorce if I’m living in a foreign country and my spouse is in the where we got married?

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How can I get a divorce if I’m living in a foreign country and my spouse is in the where we got married?

I got married in India and have been in the US for the last 4 years. Since then I have been abandoned. My husband is still residing in India and has not supported me. I did go back to India 2 years ago and filed for a divorce but it did not work out because I could not stay for the whole process(I had to come and resume college). I want to file for a divorce from here in the US but I have no idea how it works or how complex can it get. I don’t know his current address but I do know that he is still in India for sure. What happens if he does not respond?

Asked on April 19, 2012 under Family Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

The general rule for filing here in the United States is that you need to file in your state of residency and you have to meet the residency requirements for a specific period of time before you can file.  Now, you have a lot of issues here such as serving him with the petition for divorce.  I would consult with ana ttorney to discuss alternate methods of service, etc.  Good luck.


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