If I married a French citizen inthe USbut now we both live overseas in different countries, where should we get a divorce?

UPDATED: Oct 9, 2011

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If I married a French citizen inthe USbut now we both live overseas in different countries, where should we get a divorce?

I was a OR resident (and American citizen) and I married a French citizen 4 years ago. Now we wish to be divorced but she has returned to France, while I live abroad (currently in Asia). It would be far easier if we could do the divorce in France as she is a resident there. It would be very difficult for me to divorce in OR as I no longer live there. We have no children or assets.

Asked on October 9, 2011 under Family Law, Oregon


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

Answered 11 years ago | Contributor

You could not get divorced in Oregon unless you are still a legal resident of the state and the county in which you would file according to the state law's requirements.  So Oregon is put of the question.  As for getting divorced in France or is Asia, you would have to consult with an attorney in those countries as to the legality of the matter.  If your wife is a resident of France then assumedly she can get divorced there but the court being able to obtain jurisdiction - the ability to make a ruling  over someone - on you will be the question I believe.  In the US that would be the question if you were living in different states.  And even here some states require that both spouses live in the same state to divorce.  If you are worried that the US will not recognize the divorce do not worry.  They will.  Just register it when you return.  Good luck.

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