what is legal divorce entitlement if spouse is not US Citizen marriage is only of 2 yrs??

UPDATED: Sep 30, 2022

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what is legal divorce entitlement if spouse is not US Citizen marriage is only of 2 yrs??

spouse went back to Germany 4 months
ago. Did not financially contribute to
marriage. Refuses to sign divorce
papers demanding money

Asked on April 5, 2017 under Family Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since you know your spouse's whereabouts, as the filing spouse (i.e. the "petitioner")you can serve them a copy of the "compaint" (basically your petition for divorce). As a general rule, the non-filing spouse (i.e. the "respondent") has 30-60 days to file their reply or "response". If they fail to do so within the time specified, you can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can appeal). In your case, since your husband is living out of the country, the notice requirements will be a bit more complicated. Therefore, your best course of action is to hire an attorney who has experience in this type of divorce as they can best advise you further.

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 AttorneyPages.com 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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