How difficult would it be to file for divorce if one of the parties lives overseas?

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How difficult would it be to file for divorce if one of the parties lives overseas?

My fiance was married in Italy where her husband still resides. She separated from him over 10 years ago and has since moved to the US. How difficult would it be to file for divorce and how much would it cost?

Asked on September 28, 2011 under Family Law, Nebraska

Answers:

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

Answered 10 years ago | Contributor

Your "fiance" - and really she can not be engaged to be married if she is already married - needs to speak with an attorney on this matter sooner rather than later.  There are issues that need to be addressed, like citizenship (which is unclear) and registration of the marriage here in the US (which is also unclear).  The main concern is obtaining jurisdition over her husband for purposes of divorce and over her for purposes of filing the divorce in the first place.  If her husband is agreeable that is half of the battle. Otherwise then she has to serve him in Italy - assuming she can legally file here - in order for the courts to be able to make a legal determination as to their marriage.  Tell her to get help.  This is a very complicated issue.  It will not be cheap. Good luck.


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