GetYourBritsOut

Hello there, all knowing people of BE!! Bit of background first: Moved over here 3 years ago with OH on L1/L2 visas, greencards received in April this year.

Unfortunately our marriage has broken down and there is no chance of a reconciliation. Can we file for divorce back home or does it have to be where we are living? Also, is there a minimum time we have to wait from receiving greencards to filing for divorce?

I didn't know if this was an immigration issue so please move if necessary.

Thanks for any info.

fatbrit

No immigration consequences as you already have your green cards.

You can file for divorce in any place that has jurisdiction. If you're both living here, it's probably only possible to do it here. So it depends on what you or your spouse is planning to do.

GetYourBritsOut

We are both planning on staying here, we have a 10yr old and I don't want him growing up in a different country to his dad, so I guess we'll file here. Thanks for your help.

Derrygal

You would file in the state where you are living. I don't know if you own property in the UK or have UK pensions, savings, etc. That can get complicated - nothing to do with Immigration, just sorting finances out. My ex-husband and I agreed on everything and just did a dissolution.

GetYourBritsOut

Yes, we have a property in the UK that we are about to put on the market so that may be sold by the time we get round to filing. We're in no rush so if it's better to wait til all that is sorted out then we'll probably do that (even though I'm more than ready to move on now). We also have pensions from previous employers there but I have no idea on how these should be handled so I guess I'll have to start researching all this too.

Neko128

You're going to need a lawyer anyway, so check with them; but it actually varies state-to-state. For example, I was married in Connecticut, and lived in NY; I had to file for divorce in NY because we had lived here for over a year. Different states have different rules on whether or not they claim jurisdiction... But after 3 years, it's almost certainly the state you're in now.