If I married a Nigerian while in his country and he has since came to America, can I get a regular divorce?

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If I married a Nigerian while in his country and he has since came to America, can I get a regular divorce?

He moved here with me almost 2 years ago and now I want a divorce from him. Can I just file for a divorce here or do I have to file for a divorce in his country?

Asked on December 25, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As long as you meet residency requirements for filing for divorce, you can file for a regular divorce in Texas.  These requirements are separate and apart from VISA or immigration requirements.  If you've lived in the same place in Texas for 2 years, you have met the residency requirements for a divorce petition.  It doesn't matter where you were married, but rather where you are living at the time the marriage ends.  You do have a potential issue, however, if he decides to leave Texas before you can have him served with the divorce petition.  Try to have him served while he is still in the country, or see if he will sign a waiver of service.  The other spouse has a right to be notified that their spouse is filing for divorce.  The longer it takes to get a spouse served, the longer the divorce action will last. 


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