How to Obtain a Divorce for Non-US Residents outside the states

UPDATED: Oct 1, 2022

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How to Obtain a Divorce for Non-US Residents outside the states

I and my partner were married in US 9 years ago. We both are non-us citizen and
left the states for 5 years. We separated for years and really want to obtain a
divorce. I check some article online said there is a residency requirement for filing
a divorce petition. I am wondering that is there any way for me to file for divorce
outside the states? Or hire someone to do so? Thank you.

Asked on December 15, 2017 under Family Law, California


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

Answered 4 years ago | Contributor

Generally speaking, no, there is not. You need to be a resident of  A state (and generally a resident of a specific county) before you can file for divorce there.  However, the United States recognizes non-US divorces that are valid in the country that they originate from. You would have to check in to filing the divorce in the state in which you were married.  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 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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