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Can I file a Divorce in the united states even i am not a US citizen?

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cjaneeyr

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

I am married in a country where divorce is not legal. Can I file a divorce in the United states so I can marry again? I come to the US for business and stay in California and Chicago for 6 months a year.
Thank you in advance.
 


latigo

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

I am married in a country where divorce is not legal. Can I file a divorce in the United states so I can marry again? I come to the US for business and stay in California and Chicago for 6 months a year.
Thank you in advance.
You don't have to be a citizen of the United States in order to obtain a divorce in the United States. However each state has requirements with respect to length of residency.

Best that you talk with an attorney. Most likely your husband is neither a resident of California or Illinois and there are some arcane procedural rules for service of process which must be complied with.
 

Zigner

Senior Member, Non-Attorney
In California, you must be a resident of the state for six months, and a resident of the county you file in for three months prior to filing for a divorce.
 

Mass_Shyster

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

I am married in a country where divorce is not legal. Can I file a divorce in the United states so I can marry again? I come to the US for business and stay in California and Chicago for 6 months a year.
Thank you in advance.
If divorce is not legal in your country, then I doubt your country will recognize a divorce granted in California or Chicago, and would probably not recognize your subsequent marriage.
 

cjaneeyr

Junior Member
In California, you must be a resident of the state for six months, and a resident of the county you file in for three months prior to filing for a divorce.
I am not a USA resident too. I come to the US under business visa. I am a travel agent and our main 2 offices are in California and Chicago. I only think of getting a divorce in the US as I am seeing a guy now whose a US citizen and we would like to be together.

I thought I can get a divorce in the US so I can marry in the US. I am not concern about my country recognizing my divorce. My ex doesn't seem to care. He is with another woman anyway.

Appreciate your advises and thoughts.
 

Zigner

Senior Member, Non-Attorney
I am not a USA resident too. I come to the US under business visa. I am a travel agent and our main 2 offices are in California and Chicago. I only think of getting a divorce in the US as I am seeing a guy now whose a US citizen and we would like to be together.

I thought I can get a divorce in the US so I can marry in the US. I am not concern about my country recognizing my divorce. My ex doesn't seem to care. He is with another woman anyway.

Appreciate your advises and thoughts.
You would not be able to get a divorce in California. I can't (won't) speak about Illinois.
 

FlyingRon

Senior Member
You would not be able to get a divorce in California. I can't (won't) speak about Illinois.
Residency requirement in Illinois is only 90 days, but it's doubtful that even if you spent three months there on a visitor visa that they would consider you a resident.
 

Zigner

Senior Member, Non-Attorney
Residency requirement in Illinois is only 90 days, but it's doubtful that even if you spent three months there on a visitor visa that they would consider you a resident.
Right - logically, a person who is specifically noted as being a visitor can't be a resident.
 

cjaneeyr

Junior Member
Right - logically, a person who is specifically noted as being a visitor can't be a resident.
Thank you so much for all your replies. I will try to get some advises from lawyers of my country. There might be something they can do than just accepting the fact that I am stuck and not be happy my entire life.
 

lgladvc69

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

I am married in a country where divorce is not legal. Can I file a divorce in the United states so I can marry again? I come to the US for business and stay in California and Chicago for 6 months a year.
Thank you in advance.
You can perhaps CONSULT with your nearest lawyer for this purpose to determine if your U.S. divorce decree would be recognized there. It would be challenging to deal with the papers.
 

stealth2

Under the Radar Member
You can perhaps CONSULT with your nearest lawyer for this purpose to determine if your U.S. divorce decree would be recognized there. It would be challenging to deal with the papers.
And how would OP obtain that "US divorce"?
 

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