Divorce Advice
#1
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Joined: Dec 2018
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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
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
#2
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?
#3
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.
#4
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.
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.
#5
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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.
#6
Re: Divorce Advice
Seek counsel separately from your spouse. This is now a business transaction, not a love story.
#7
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.
I agree that the international aspect means you should seek legal advice.
#8
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.
#9
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
Rene
#10
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?