jjmadison

Well what a traumatic few months;I am male UKC married vioa K1 to USC female March 2010, issued with PR Green Card for 2 yrs in December 2010 came to UK for holiday alone in March and email followed from her she wants divorce. No chance of reconcilliation.Now within the last week she has obviously employed lawyers in US who have issued process via a UK law firm who are attempting to trace me to serve papers, I am out of UK for a while so they cannot do it.
My friend spoke to process server who showed him 4 peices of paper 1. A retention of lawyers services in US for her 2. a summons of sorts to respond in 20 days to the document IF I wanted to challenge it. 3. Documents to the effect we had no children and she wasnt pregnant. 4. ? he couldnt recall content of 4th.document. Apparently if after attempts to serve they simply they would it leave at contact address and marked as served.

This situation has come as a complete bombshell. No contact from her at all.


I obviously dont want to rack up bills with lawyers as I didnt not seek or want a divorce. Wondering if I dont contest it what happens, how soon to conclusion. what I need to do.

We did a pre nup at time of marriage. Dont envisage any issues in that regard. I have no intention of returning to USA and will lapse the green card with time.

Has anyone any experience of conducting a divorce from USA to UK.
Just wondering whether just to sit tight, accept service of the US legal papers and do nothing? Let her do what she desires.

Any guidance, advice, tips greatly appreciated. Just in a terrible state.

Sue

I am sorry to read your news, I sure you are going through a difficult time at the moment.

I'm afraid I have no experience with regard to your situation, but we published an article recently about divorce which may (or may not) be useful. However I thought I post the link here for you in case you want to read it

http://britishexpats.com/articles/family/paradise-lost/

The best of luck with everything.

Giantaxe

Divorce laws are state-specific and you don't say what state your spouse resides in. Research the divorce laws of that state. Many (most?) states have "no-fault" divorce laws of some sort and if one party files for divorce they will be awarded it after a certain time period has passed after filing. If she wants to divorce you, there's no chance of reconciliation and you won't return to the US, then you have little option but to do as you suggest.

jjmadison

Many thanks Its Wisconsin state. will check out the applicable law.

jjmadison

Hi Sue sincere thanks ... just clutching at straws... but will read your article link thanks JJ

JAJ

One question you've not answered is ... do you want to live in the USA or not? You've got a conditional green card and you might be able to keep it, but you will need to take steps quickly to do so.

jjmadison

Thanks for your reply, no due to age, health etc I have no reason to be there and intend to let GC lapse.
My information needs just now relate to the pending summons for the divorce she seeks, and the procedures involved. I really have no desire to defend the inevitable and waste money; we do have pre nups in place.
Interested to know the time frame from start to end for a straight forward undefended case.

thanks to all for replies to date. JJ

Egg and Cress

Wish I had advice for you - so, SO sorry for your situation. All I can say is be glad you did the pre-nup thing! As a USC I know only too well how greedy, spiteful, manipulative and malicious women here can be. Good luck and hope it goes quickly for you.

fatbrit

Some thoughts for ya.

Divorce is a state rather than a federal thing in the US of A. Fifty states and a few odds and ends makes that many practices. Indeed, you may even find small differences in the administrative portion between individual counties within a state.

It is your right to be informed that she has filed a divorce suit against you. If you accept the summons and the court's jurisdiction, it'll probably go more quickly. If you avoid the summons, it'll probably go anyway.....but at the pace of a slowish snail.

Your options:
Reply and see it through via the US court
Ignore/avoid and eventually end up with a default judgment from the US court
File in the UK and serve her

You've said you don't want to live in the US so that's easy. There's a form to file to relinquish your residency.

I suppose the biggest concern is whether you have any property or belongings in the US you want back.

docholywood

Instead of lapsing your GC should you not fill out the form to relinquish it? Surely being lax about it is stopping 1 person from entering sooner?

Not sure if this is how it works and someone could confirm or rubbish it but in the meantime good luck with your situation.

ian-mstm

It won't make any difference whatsoever.

Ian

jjmadison

[QUOTE=fatbrit;9472755]Some thoughts for ya.

Divorce is a state rather than a federal thing in the US of A. Fifty states and a few odds and ends makes that many practices. Indeed, you may even find small differences in the administrative portion between individual counties within a state.

It is your right to be informed that she has filed a divorce suit against you. If you accept the summons and the court's jurisdiction, it'll probably go more quickly. If you avoid the summons, it'll probably go anyway.....but at the pace of a slowish snail.

Your options:
Reply and see it through via the US court
Ignore/avoid and eventually end up with a default judgment from the US court
File in the UK and serve her


Hi Thanks for your reply... I met process server in UK where I am now living who served papers on me including summons which requires 20 day response to 4 items whether I will defend or otherwise. Is it wise to reply ? any one any experience of what to say/do here(without prejudice)

I am required to send note to her lawyer that I have received papers which isnt an admission of 'guilt' merely an acknowledgement of service.

Apparently as we did post nups and her lawyer is sending me a copy to review and sign. As the treatment I have endured from my wife has been shocking I am mindful of non-cooperation on this and other matters, if I did would it be prejudicial to my case if I refused to do anything. Is it absolute that I complete the Marital Settlement Agreement or can they proceed without it.

Being in UK and having no intention of attending court what are my options.

What is the default judgement you mention consist of?

Is there any benefit to me in filing in UK and serving her in US.

I do have a condo in my own name bought by my name in Florida.

any useful tips on how to navigate in my circumstances really appreciated. thanks JJ Madison

fatbrit

You need either a lawyer or a lot of study.

If you don't like the Marital Settlement Agreement, state what you contest. Don't let her lawyer bully you into signing it.

It is assumed that anything you don't contest in your initial reply, you agree with. Be very careful!

The condo could be problematic, especially if you acquired it after the marriage -- I believe Florida is a community property state.

A default judgement is entered when one side won't play ball. It's unlikely to be what you want.

jjmadison

Many thanks for reply I am in a huge swirl of emotion and confusion all help appreciated.

fatbrit

Emotion and confusion requires a steady tiller. They're called lawyers. Get one now!