can i file for a divorce if im not a US citizen?

[SaveMySoul]

What is the name of your state? TX

Hi, Im a french citizen who is going to university in TX. Ive been going to school there for the past 2 years but go to france (my home country) for 2 months during the summer. Im in the States on a Student Visa. I met a guy and we thought what we had was very special and we dicided to get married after only 2 months of dating. He is in the military and left for afghanistan 4 months later. Hes been there for 6 months now. Getting married was a stupid idea to get married. We barely knew eachother. He's telling me what to do and we have different goals and priorities in life. Im not in love with him at all anymore. He kinda pressured me into getting married because of military advanages. He said we'd be able to start a great life together when he comes back from afghanistan. I dont want that at all anymore. I think he married me cause he had a lot of dept and got more money from the army for being married. Hes originally from the east coast and im a french citizen. My husband doesnt know about how i feel cause i dont want to put more pressure on him while hes there but on the ohter side, i dont want to fake it and use his money. I would like to file for a No-fault divorce. We dont have a house together, no depts together, and no kids. Can i even file for a divorce since im not a US citizen? If so how soon could i do it? Im going back to TX in 3 weeks. Also if i can file for a divorce, would it be wise for me to defend myself in court? I dont have the money to hire a lawyer. Im in desperate need of help. Please someone help me out. Your advice will be greatly appreciated. Thank you,

LoriWhat is the name of your state?

 

[Ohiogal]

If you met residency requirements in Texas you could file for divorce there HOWEVER you cannot file suit against your husband because he is deployed overseas in a warzone and the Soldier's Relief Act protects him. If you are a legal resident of France you may want to pursue divorce there.

 

[LdiJ]

If you met residency requirements in Texas you could file for divorce there HOWEVER you cannot file suit against your husband because he is deployed overseas in a warzone and the Soldier's Relief Act protects him. If you are a legal resident of France you may want to pursue divorce there.

I am going to restate that, just because I think there is a possibility of misunderstanding. (second language and all, although her english is excellent)

You do not have to be a legal resident of the United States, in order to get a divorce in the United States. You simply must be physically present in an individual state long enough to establish physical residency. You could even be in the United States illegally and still be able to divorce here.

However, as Ohiogal said, there are specific laws in the US that prohibit military personnel from being sued for divorce and other family law matters, while they are stationed overseas in a war zone. You must wait until he returns to file for divorce.

 

[Ohiogal]

I am going to restate that, just because I think there is a possibility of misunderstanding. (second language and all, although her english is excellent)

You do not have to be a legal resident of the United States, in order to get a divorce in the United States. You simply must be physically present in an individual state long enough to establish physical residency. You could even be in the United States illegally and still be able to divorce here.

However, as Ohiogal said, there are specific laws in the US that prohibit military personnel from being sued for divorce and other family law matters, while they are stationed overseas in a war zone. You must wait until he returns to file for divorce.

What Ld said. Expanding on what I said

 

[SaveMySoul]

Question to those who replied or are reading this.

Thank you for y'alls advice. I have another question regarding the statement about the military proctection act. My husband told me a while back that there are a lot of suits being filed. I guess wives and husbands in the states are filing for divorces and are sending them the papers over overseas. I mentioned to him that i thought both parties have to be present in order to do that but he said no. We dont have any depts together or a house or anything like that. I dont want to get anything out of this divorce. I dont want money or his car... absolutly nothing. I just want to get out of it. Since it seems like other people are getting divorced while their partners are overseas, is there any way that I could to that too?

 

[LdiJ]

Thank you for y'alls advice. I have another question regarding the statement about the military proctection act. My husband told me a while back that there are a lot of suits being filed. I guess wives and husbands in the states are filing for divorces and are sending them the papers over overseas. I mentioned to him that i thought both parties have to be present in order to do that but he said no. We dont have any depts together or a house or anything like that. I dont want to get anything out of this divorce. I dont want money or his car... absolutly nothing. I just want to get out of it. Since it seems like other people are getting divorced while their partners are overseas, is there any way that I could to that too?

Only if he would agree to cooperate with that. You cannot do it against his will.

 

[SaveMySoul]

Thank you very much for your help. I really appreciate it.

 

[SaveMySoul]

One last question (Sorry)

I just read another entry about legal residency. I've been in TX for a total of 3 years on a student visa and go back to France every summer. I have had a TX DL ever since I first started school. Could that be proof of residency? Would I still have to wait 90 days or 6 months to file for a divorce if he agrees on it?