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Married Non-Immigrant wants Divorce

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YlokanaBelle

Junior Member
What is the name of your state (only U.S. law)? Texas

I got married in 2008 while on a B2 visa in Texas. we returned to my country (Philipines) and parted ways while living there. my american husband has since returned to the US and has no plans to give me a divorce. I have no idea about his whereabouts. Can I hire a laywer from another state to file the case for me? Is there any kind of support I can expect from him? he is on social disability but works part time. during our marriage he bought a van thru his dad.

I will be in the US next month but will only stay (not in Texas) for a couple of weeks. pls. advice.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

I got married in 2008 while on a B2 visa in Texas. we returned to my country (Philipines) and parted ways while living there. my american husband has since returned to the US and has no plans to give me a divorce. I have no idea about his whereabouts. Can I hire a laywer from another state to file the case for me? Is there any kind of support I can expect from him? he is on social disability but works part time. during our marriage he bought a van thru his dad.

I will be in the US next month but will only stay (not in Texas) for a couple of weeks. pls. advice.
Have you properly researched things in your country? Because my understanding is that the Phillipines will only recognize a foreign divorce if it is against your will. (as explained to me by another American citizen who divorced a spouse residing in the Phillipines). Therefore your husband would have to divorce you, without your cooperation for the Phillipines to recognize it.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Texas

I got married in 2008 while on a B2 visa in Texas. we returned to my country (Philipines) and parted ways while living there. my american husband has since returned to the US and has no plans to give me a divorce. I have no idea about his whereabouts. Can I hire a laywer from another state to file the case for me? Is there any kind of support I can expect from him? he is on social disability but works part time. during our marriage he bought a van thru his dad.

I will be in the US next month but will only stay (not in Texas) for a couple of weeks. pls. advice.
You can not file for a divorce in just any state. Either you or your spouse needs to be a resident.

Depending on where you go, some states have fairly short residency periods (I think Nevada is the shortest, but I'm not sure).

If you're in any one state long enough to establish residency, you could file there. If you're not, then you could file in TX, but as Ldij says, the Phillipines might not recognize this.

Background information on divorce and the Phillipines:
Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers at Philippine e-Legal Forum
 

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