I live in one state but want to divorce elsewhere, can I?

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I live in one state but want to divorce elsewhere, can I?

I was married overseas 26 years ago and have been living in KS for 10 years. I do not want to pay alimony for 8 or 9 years under state law. We married without such barbaric laws overseas. I am not a US citizen but hold a green card. Can I divorce in another state or do I have to divorce under KS law since my wife served me the papers there? What if I just leave and go back to my home country, what can they do?

Asked on September 25, 2011 under Family Law, Kansas

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your situation as you perceive it to be.  Le me first make it clear that I as an attorney - nor any other attorney that you discuss this issue with - can advise you to avoid your obligation sin any way or to circumvent the law.  Now, I am assuming that you Wife is a citizen of the United States, correct?  And that you meet the residency requirments for the state in filing for divorce, correct?  Then you are subject to and bound by the laws in the state in which you reside, which appears to be Kansas.  You do not want to default in the matter and you do ot want the court - if they are able - to divide your marital assets with out you being around.  I would go and seek counseling in this matter as soon as you can.  Good luck.


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