If I am Canadian and my husband is American, how can I file for a divorce and still be able to go home?

UPDATED: Apr 4, 2012

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If I am Canadian and my husband is American, how can I file for a divorce and still be able to go home?

We’re currently living the US but I would like to leave in the next few days, within that time I would like to file for divorce. I have read that there may be a hearing and I know that once I cross the border to go back home, they won’t allow me to come back into the US again. I just need to know my options so that I know if I can leave or not. It will be a fairly simple divorce since I am leaving 90% of everything here and not asking for spousal support.

Asked on April 4, 2012 under Family Law, Kentucky


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

Answered 10 years ago | Contributor

Is the divorce uncontested and amicable?  I would speak with an attorney in your area.  An attorney representing your interests may be able to help do what is needed, get things filed and get you divorced.  But it also depends on the rules of procedure in the state and county in which you live.  If an appeaance at a proceeding is needed the attorney may or may not be able to represent you. If all of it is done "on papers" and uncontested then maybe you can go home.  You only need to be a resident at the time of filing. Good luck. 

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