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  #1  
Old 09-08-2007, 10:03 AM
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Join Date: Sep 2007
Posts: 3

INTL~divorce ? in complicated situation


What is the name of your state? VA resident

Hello. Thank you for taking the time to read this.
My concern is, for filing for divorce, how do I go about doing that when I live overseas and am not affiliated with the military anymore?
We were married in Texas, lived in Georgia (all while maintaining our VA residency). We moved to Germany and now are moving to England. If I file, how do I go about doing that? Can I do that while in a foreign country? Must I go back tot the States? If so, which state?
My concern stems from the separation period that is required before a divorce is granted. If the divorce procedure is governed by the state we were married in, that will differ greatly than if I can file from VA. I'm sure Texas requires a 3 year separation while VA only requires 1 year.
I'm confused. Can I file from anywhere? Which state governs how my divorce will proceed?

Thanks so much..I know my question is a bit complicated.
~JC
  #2  
Old 09-08-2007, 12:29 PM
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Join Date: May 2004
Posts: 41,292
Quote:
Originally Posted by sad~mama View Post
What is the name of your state? VA resident

Hello. Thank you for taking the time to read this.
My concern is, for filing for divorce, how do I go about doing that when I live overseas and am not affiliated with the military anymore?
We were married in Texas, lived in Georgia (all while maintaining our VA residency). We moved to Germany and now are moving to England. If I file, how do I go about doing that? Can I do that while in a foreign country? Must I go back tot the States? If so, which state?
My concern stems from the separation period that is required before a divorce is granted. If the divorce procedure is governed by the state we were married in, that will differ greatly than if I can file from VA. I'm sure Texas requires a 3 year separation while VA only requires 1 year.
I'm confused. Can I file from anywhere? Which state governs how my divorce will proceed?

Thanks so much..I know my question is a bit complicated.
~JC
You would file for divorce where you live. If you are living overseas, then you would file for divorce according to the laws of the country where you are legally a resident.

You could return to the US, establish residency in any state in the US (by living there for a minimum of six months) and then divorce in the US.

Texas does NOT require a three year separation. Many states in the US don't require any period of separation at all.
  #3  
Old 09-08-2007, 07:25 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,738
Quote:
Originally Posted by LdiJ View Post
You would file for divorce where you live. If you are living overseas, then you would file for divorce according to the laws of the country where you are legally a resident.

You could return to the US, establish residency in any state in the US (by living there for a minimum of six months) and then divorce in the US.

Texas does NOT require a three year separation. Many states in the US don't require any period of separation at all.
And that is only correct if they rae not living overseas due to serving in the military. So OP why are you overseas?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 09-08-2007, 10:33 PM
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Join Date: May 2004
Posts: 41,292
Quote:
Originally Posted by Ohiogal View Post
And that is only correct if they rae not living overseas due to serving in the military. So OP why are you overseas?
I based my response on this statement:

Quote:
My concern is, for filing for divorce, how do I go about doing that when I live overseas and am not affiliated with the military anymore?
  #5  
Old 09-09-2007, 05:19 AM
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Join Date: Sep 2007
Posts: 3
thank you so much for your responses.

yes, we live overseas, but we are not military. we are civilians.
we have maintained US residency in VA and we also have residency in our host country for tax purposes.

so, i am assuming i would have to return to VA and file there? since we are still residents?
is there any kind of separation requirement in VA?

again, thank you so much for your help.
  #6  
Old 09-09-2007, 11:24 AM
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Join Date: May 2004
Posts: 41,292
Quote:
Originally Posted by sad~mama View Post
thank you so much for your responses.

yes, we live overseas, but we are not military. we are civilians.
we have maintained US residency in VA and we also have residency in our host country for tax purposes.

so, i am assuming i would have to return to VA and file there? since we are still residents?
is there any kind of separation requirement in VA?

again, thank you so much for your help.
No, if you also have residency in your host country, you may be able to file in your host country. Consult an attorney there for an accurate answer.
  #7  
Old 09-09-2007, 03:01 PM
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Join Date: Sep 2007
Posts: 3
thank you so much! i will do that
  #8  
Old 09-09-2007, 08:34 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,738
Quote:
Originally Posted by LdiJ View Post
I based my response on this statement:
Missed that statement by OP. Sorry.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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