If I am a foreigner and do not have a visa to enter US to divorce my American husband, what should I do?

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If I am a foreigner and do not have a visa to enter US to divorce my American husband, what should I do?

I got married 4 years ago in VT. Then 6 months later my husband moved to HI for work and we grew apart. I now live in Brazil and as a foreigner I do not have a visitor’s visa to enter US and file for a divorce. My husband and I are on good terms, we have no children and no assets to be divided. I would like to know what I should do to get divorced from him since I will not be able to attend the court hearing? And how long the divorce will take to be finalized?

Asked on July 12, 2011 under Family Law, Hawaii

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  If your Husband is still living in the US (Hawaii you said?) then he can file for divorce as long as he meets the residency requirements of the state.  If he can and will then you will probably be able to sign an affidavit waiving service of the pleading or admitting service of the pleadings and consenting to the jurisdiction of the court to allow them to enter an order dissolving the divorce.  The matter is "uncontested" so it should get through the court system fairly quickly.  Many of the courts are on line now as well so you can probably check for status now and again by name and /or index number of the action. Good luck to you.


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