Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Divorce Advice

Divorce Advice

Thread Tools
 
Old Dec 13th 2018, 10:37 pm
  #1  
Just Joined
Thread Starter
 
Joined: Dec 2018
Posts: 1
DaveHughes is an unknown quantity at this point
Default Divorce Advice

Looking for some input here from anyone who's been through similar. In June this year, I got married in Grand Cayman. Me and my wife are both UK citizens who live in Colorado Springs, Colorado. We have now broken up ( long story !) and she's gone back to the UK and wants a divorce. Under UK law, you cannot get a divorce until 1 year after the marriage, so we have to wait until June 2019. I'm thinking about potentially moving forward with the divorce in the USA instead. We don't have any joint assets really and there are no kids. Few questions;

1. Can I get a US divorce for a marriage that took place in Grand Cayman when the wife now lives in the UK?
2. Financially ( both cost of legal fees and eventual maintenance payments ) - is there much difference between a UK and US divorce?

Thanks

Dave
DaveHughes is offline  
Old Dec 13th 2018, 10:47 pm
  #2  
Deep in the woods of CT
 
Nutmegger's Avatar
 
Joined: Feb 2010
Posts: 7,002
Nutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond repute
Default Re: Divorce Advice

A legal consultation is definitely in order. There may be a way to do the paperwork yourself without having to involve lawyers. After such a brief marriage, why do you think you will have to pay spousal support?
Nutmegger is offline  
Old Dec 13th 2018, 11:22 pm
  #3  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,388
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Divorce Advice

What is your legal status to live in the US? A US divorce should be recognized by the UK. As a USC, I can marry anywhere in the world and still divorce within the US and it is legal. Why the rush? June is only 6-1/2 months away. As for alimony (that is the US word for spousal maintenance) why would you or your spouse require alimony? After such a brief marriage, it seems improbable that a court would deem alimony payments required.
Rete is offline  
Old Dec 14th 2018, 12:13 am
  #4  
Austin. TX.
 
petitefrancaise's Avatar
 
Joined: Sep 2013
Posts: 5,930
petitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond reputepetitefrancaise has a reputation beyond repute
Default Re: Divorce Advice

From what I know -
if you divorce in the USA then you apply to have it recognised in the UK - whether they would do that before the 1 year is up is something for you to check.
In your state you have to satisfy residency requirements to file for a divorce, so that would be another item for you to check.
I think in both USA and UK, so long as you agree on financial terms, they are both pretty cheap in which to divorce. If you start arguing with solicitors getting involved then it's going to be eye-wateringly expensive. Bear in mind that it is almost impossible ( and very expensive) to enforce legal decisions across international borders. So do your best to agree.
Maintenance and Spousal assistance, in Texas are 2 different things. Almost the same but not quite. 1 you can wriggle out of if you lose your job for example, and the other one, you can't.
In any case, take legal advice from a US divorce attorney since that is where you are. Maybe take advice from a UK solicitor just in case your wife proceeds with divorce there so you know what to expect. Most divorce attorneys will give you a free initial consult.
petitefrancaise is offline  
Old Dec 14th 2018, 2:50 am
  #5  
Lost in BE Cyberspace
 
Joined: Jan 2006
Location: San Francisco
Posts: 12,865
Giantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond reputeGiantaxe has a reputation beyond repute
Default Re: Divorce Advice

Colorado apparently is a no fault divorce state. The UK still hasn't got to that point, so you either have to prove the other party is at fault or wait two years (with the other party's agreement) or five (without it). So if I were the OP, I'd go and get an attorney consultation with a view to filing in Colorado.
Giantaxe is offline  
Old Dec 14th 2018, 10:32 am
  #6  
BE Forum Addict
 
tom169's Avatar
 
Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
tom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond repute
Default Re: Divorce Advice

Seek counsel separately from your spouse. This is now a business transaction, not a love story.
tom169 is offline  
Old Dec 14th 2018, 11:34 am
  #7  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: Divorce Advice

Depending on the laws of the state, you may have to have the petition legally served on the other party. This might be challenging with her being in the UK. I did my own petition etc, but that was simple with the ex-wife living in the same state.

I agree that the international aspect means you should seek legal advice.
civilservant is offline  
Old Dec 17th 2018, 5:28 pm
  #8  
You aint seen me, right?
 
SpoogleDrummer's Avatar
 
Joined: Oct 2005
Location: US of A, TN
Posts: 3,573
SpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond reputeSpoogleDrummer has a reputation beyond repute
Default Re: Divorce Advice

Have you looked in to get the marriage annulled rather than a divorce? You've only been married 6 months and if you're living in different countries I'd say that qualifies for denial of marital rights.
SpoogleDrummer is offline  
Old Dec 17th 2018, 10:26 pm
  #9  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Divorce Advice

The OP can look into an annulment, but I know I could not get one even though my marriage was only 6 weeks old and my husband was overseas. The only grounds for annulment were if one of us was already married (making ours null and void), or if he were a criminal. That was back in 1992 or so.

Rene
Noorah101 is offline  
Old Dec 18th 2018, 1:10 am
  #10  
BE Forum Addict
 
zzrmark's Avatar
 
Joined: Apr 2014
Location: Lauren's Co. SC by way of Palmetto, Florida
Posts: 3,265
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: Divorce Advice

I don't mean to be a cynical old t@#t but you say that your wife is the one who wants the divorce, unless the situation is having an adverse effect upon your life why not let her sort it out within whatever timeframe and then all you have to do is wait for the paperwork?
zzrmark is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.