How can someone living in a foreign country divorce a US citizen?

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How can someone living in a foreign country divorce a US citizen?

My fiance is currently married to his wife, she is American and currently living in FL. My ffiance is Jamaican, and he was deported back there. He and his wife have been separated for over 2 years. Can he file for divorce in Jamaica or does she have to file for divorce in FL. We want to get married ASAP.

Asked on October 18, 2010 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your question has multiple implications.  First of all, consider the fact that in many states, one cannot get remarried after a certain time period has lapsed from the divorce.  In terms of who can file where, your fiance can check with an attorney in Jamaica if this is where he resides and more importantly, if this is where the wedding occurred.  His wife can certainly file in Florida if she has met the minimum residency requirements but consider the notice requirements and whether either party can simply obtain a divorce by default if either party chooses to ignore notification of the divorce filing. 


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