rooze62

Hello Community,

I've been having a tough old time trying to get information on the correct procedure for getting a divorce.

Here are the basic details -

I'm a UK citizen
I married a US citizen and we were married in the UK (England) 17 yrs ago.
I am a Permanent Resident and hold a valid Green Card (I-551) which expires 2025
I live and wish to continue to live in the US, I haven't been back to England since we were married there.
I wish to file for divorce from my wife of 17yrs.

I'm not sure where to start. I believe, having done some research in the past couple weeks, that we should have completed certain forms/paperwork on returning to the USA after our wedding in the UK. I don't recall completing that paperwork.
Is our marriage even recognized here in the USA, since we didn't complete any paperwork etc?
Do I need to file for divorce back in the UK..?
What's the starting point for this? I can't really afford an expensive lawyer at this point, and my wife has agreed to the divorce so nothing is being contested.

Many thanks for any insights.

Cheers

Rete

No clue what paperwork you are referring to. Being married in the UK doesn't invalidate your marriage in the US and there was no need to register your UK marriage in the US. Just as is the case if you had married in the US and emigrated to the UK, you didn't have to register your marriage in the UK for it to be valid.

Not that it matters but did you get your permanent resident status based on marriage to a US Citizen? If so, the US government know the wherewithals about your nupitals.

As for divorce, you can file here in the US if you aren't planning on going back to the UK but rather will be remaining here in the US. If you are going back to the UK to live then leave your wife and return to the UK and file for your divorce there. Divorce granted in either country is good in both the UK and the US and probably elsewhere around the world.

You might be able to file on your own if your state allows it but I don't recommend doing so. If it is uncontested divorce, it won't cost you an arm and a leg. Perhaps a toe or finger or two :-)

mrken30

However the grounds for divorce vary depending where you file. If you move back to the UK you may need to wait 2 years , if filing on the basis of irreconcilable differences, unless you can prove that you have been separated for 2 years in the US.

I assume you have copies of your marriage certificate from the UK.

If it's an amicable divorce it will be much easier and quicker.

rooze62

Thanks for the replies so far. As it stands, I have no wish to return to the UK to live, I'd like to go ahead and file in Wisconsin court.
From what you've said it sounds like a straightforward divorce and that the 'overseas marriage' component shouldn't complicate matters.

Thanks

Guindalf

As said above, you can basically file for divorce in the same way as any American would (if doing so in the US). There are plenty of '$400 for Uncontested Divorce' lawyers in most cities. All you need to do is look for them on billboards, in the Yellow Pages, etc.

You have your GC, so there's no risk of being deported or otherwise removed from the country. I would suggest maybe, for completeness, completing the naturalization process if you intend to remain here anyway.

Pulaski

Easy, honestly, it is.

Your British marriage is fully recognized in the US. I don't know what "US paperwork" you're referring to, but there is none that would impact the validity of your marriage or your ability to get a divorce "locally" where you live.

You file for divorce where you live, and so long as you have been living there (country or US state) for at least 6 months there are no further complications.
It's entirely irrelevant.

mrken30

You employer's employee assistance program may also be able to refer or give you discount if using an attorney.

Rete

I know that was offered years back but I worked for 27 years in a law firm and that was never an option for employees and if we needed legal help, we might be able to get a referral but never ever a discount.

Noorah101

Depends on the company. I recently used my employer's referral program and also got a discount on legal fees.

Rene

petitefrancaise

no kids?

dj6372

Mrs DJ was married previously, and the situation sounds very similar, she is a USC, married a UK guy, they married in UK, but moved to the USA, he became a LPR.
They divorced in the State they were living in. Had no issues at all.
I believe he is now a USC.

Rete

I couldn't even get my attorney to handle our house closing which she does for others. At least I can live without feeling obligated.

My uncontested divorce cost $1500 back in 1975.

Nutmegger

LOL, mine, two years later, cost the price of the Blumberg form -- a little DIY!

Rete

You gotta love Blumberg. I used their forms many times for leases, wills, etc.

Didn't want to do the one year separation thing that culminated in an automatic divorce so opted to spend the money instead of DIY. Was worth the outlay of funds.