How do I fie for divorce if I married a non-citizen out of the country?

UPDATED: Sep 5, 2012

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How do I fie for divorce if I married a non-citizen out of the country?

I married a Canadian citizen 5 years ago in British Columbia. I am a U.S. citizen. I moved to Canada for about a year and things broke down and I moved back to the U.S. We both want a divorce and it will be uncontested. We both want it to be done as cheaply and quickly as possible. How difficult will it be for me to file from the U.S.and what does that entail? I would ask her to file up there but she is on income assistance from the government and cannot afford to do so.

Asked on September 5, 2012 under Family Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have been residing in the county and state where you are presently located for at least six (6) months, then you have residence there. As such, you can file a marital dissolution action where you reside in the United States county even though you were married in Canada.

You need to file a petition in the county you reside and serve the petition and issued summons on the soon to be "ex". This can be done via certified mail since she resides out of state.

I suggest that you possibly consult with a family law attorney to assist you in your endeavor for starts.

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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