Nadroj94

Hi Guys,

I’ve tried scouring the net for information on this topic but it doesn’t seem to point me in any direction for my specific case… without seeking legal advice. The scenario:

I’m British, got married to my American wife, in the states 3 years ago and have been separated for 2 years. I’ve never applied for a green card or any forms to allow me to live in the US temporarily while a green card could be approved… I’ve always lived in the U.K. and she has always lived in the States.

The marriage is of course recognised in both countries, and I think I am ready to start proceedings with the divorce (the relationship ran its course and not something I want to get into), I think both me and my wife would be in agreement of said proceedings.

Has anyone had a similar if not the same scenario that could offer advice or anyone in the know on the matter would be extremely grateful. I remember reading a long time ago something about signing a form and paying a small fee and that’s that… or maybe I just dreamt it as I cannot seem to find this info anymore!

Thank you!

SanDiegogirl

Looks like you married in the US.

Maybe this website will help you: (don't think it matters whether the divorce proceedings are in the UK or US)

https://www.gov.uk/divorce/file-for-divorce

Noorah101

What US state did you get married in?
Do you own any property together? Are your names on the deeds to each others homes, for example? Any joint credit cards or loans? Any joint bank accounts?
You can file for divorce in the UK. They will serve the papers to her in the USA. If you do have anything joint, and you married in a community property state, you might be able to receive half of whatever was accumulated after marriage... or also might be responsible for any debt incurred after marriage.
You should consult with a divorce attorney.

Rene

Nadroj94

We got married in Ohio. Don’t own any property together, or any belongings, nor cards, nothing.

We would both just be happy ending things where they are without making it difficult for either of us.

SanDiegogirl

Then file in the UK ..... that web site I gave you will help.

Nadroj94

Thank you Sandiegogirl, I shall have a check tomorrow! Much appreciated

S Folinsky

US dissolution of marriage is a matter of state law where at least one of the spouses resides. I know that California has a summary joint petition where marriage is of short duration and no issues of support, children, etc. Ohio may or may not have a similar procedure. If wife lives in another state, then that is the relevant state. Again, it is state of residence.

RICH

I married and divorced in Florida between 2004 /2009. If you search my posts, it may have been covered, and may or not be relevant. It was fairly simple process but emotionally difficult.

Pulaski

If you're in contact and are in agreement to dissolve your marriage then it may be quicker and/or cheaper, and/or easier for your wife to file where she lives, assuming she still lives in the US.

If you are not in contact, then just file locally where you live - that is the general rule for divorces, you file where you are currently living/ resident (there may be a minimum residence period per the laws where you are resident). IIRC Nevada will grant a divorce where neither party is resident in Nevada.

Nadroj94

Hi! Yes, we’re in contact and she still lives in USA. Thank you for this information!

S Folinsky

You do NOT recall correctly. At least one spouse has to reside in Nevada. That said, Nevada has historically had fairly loose residency requirement. In the 1940’s there was a pair of North Carolina bigamy prosecutions where NC refused to recognize the Nevada divorces as being invalid shams. It went up to the US Supreme Court twice. Williams I in 1942 and Williams 2 in 1945.

Pulaski

So apparently I can't believe everything I read on the internet.

Apparently it takes six weeks to establish sufficent residency in NV to request a divorce, or one spouse is counted as a NV resident if they are in the US military with NV as their home state, which may be why some people might think that NV will grant a divorce when neither spouse is resident.

S Folinsky

The original inquiry in this thread is not about “in absentia” dissolution of marriage, so we are off on a tangent. However, the effect of divorce judgments issued when neither party is domiciled in the relevant jurisdiction has been litigated a lot over the years.

i have often been slightly amused over the years by your reference to wife as “Mrs. P-“ because the key immigration case dates from 1952 (yes, FIFTY-two) entitled Matter of P- which involved a mail-order divorce from Mexico. The question was defined as to whether or not the law of the place of marriage recognized the divorce.

Although Matter of P- is now 70 years old, it is still good law. For example, see the 2018 case of Beifen Wang v Sessions involving a prior divorce in China where both spouses were present in the US at the time. (As an aside, Wang demonstrates that a legal defect in a green card can be brought up at any time. Even after naturalization).

RICH

FFS Folinsky and Pulaski need to stop competing. Both have valid Point of view, on every thread. Driving me mad!

S Folinsky

It is not a competition. At most, it may be analogized to a Talmudic disputation which is a learning experience. One of the cases on in absentia divorces is Matter of Hosseinian. The attorney in that case was a good friend who is missed terribly. He was an ordained Rabbi and he characterized our legal discussions as Talmudic and would tease me that I had a Talmudic kup going to waste.

Again, no competition involved.