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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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