What do I need to do to divorce a foreigner who does not live in the US?
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What do I need to do to divorce a foreigner who does not live in the US?
I am a US citizen and I married a foreigner who was here on a tourist visa. Our marriage is valid in the US but not valid in his country (Muslim) so we would not need to divorce there. The application along with the authenticated marriage certificate, medical records, etc. have been submitted to his country for approval but we have not received it yet. He never wanted to live in the US as he wants me to live in his country. He does not want to divorce and may not sign any papers agreeing to divorce.
Asked on September 7, 2011 under Family Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. You need to speak with an attorney in Minnesota about obtaining jurisdiction over your husband in order to serve him with divorce papers. That is really the key to getting your divorce. If you meet the residency requirement s of the state of Minnesota you can file for divorce against him based upon what ever grounds you have (contested or uncontested). Once you file the court has the power to make a decision over your life status (jurisdiction) but they need the same power over him. They get that by your serving him with papers. Now, the law will not force you to stay in a marriage just because he is out of the country. They allow for substituted service (where personal is really preferred) to obtain jurisdiction and make a decision on ending your marriage. Good luck to you.
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