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-   -   USA / UK Divorce? (https://britishexpats.com/forum/usa-57/usa-uk-divorce-763234/)

sgriggs Jun 28th 2012 7:12 pm

USA / UK Divorce?
 
Hello all, I'm a new member my apologies if i have done this incorrectly!

I'm looking for some guidance regarding my situation. Having spent hours trying to find more on the net!

I am a UK citizen and i'm currently living in the UK. At the beginning of the year i came to the US on a tourist visa to see some longtime friends. Whilst i was there i met a lady (US Citizen) whom i had been talking to for along time on FB. We decided to get married, and either look into changing my status or returning to the UK to apply for a spouse visa. Long story short and i'll miss out the gory details, but after only 1 week it was all over.

As she decided it was done, i returned to my friends and told her i would happly sign any paperwork she sent me as long as the reasons where not damaging to myself. I started getting ridiculous emails from her threatening all sorts, but she wanted me to file an annulment in MO, as she could only file for divorce in KS. I looked into it, but MO is also against annulments, and i found that i had to be a registered resident to file for anything!

So, i left the US well under my allowed 90 days and returned to the UK.
I know that I should seek legal advice from a divorce lawyer, but my financials don't really allow it at the moment as i'm still looking for work since my return. So i was wondering if anyone had any free advice regarding International Divorce? My main worries are if she can cause me any damage with US Aurthorities. I presume she will have filed for a divorce with my whereabouts unknown but i have no idea what she filed the reason for...as!

There are no children, property or even financials involved.

Many Thanks
Steve

Noorah101 Jun 28th 2012 7:35 pm

Re: USA / UK Divorce?
 
Since you left the USA within your 90-day VWP visit, you've done nothing wrong immigration-wise. I take it you hadn't yet applied for adjustment of status, since the marriage was over so quickly, is that correct?

As for international divorce, it's simple. She (or her divorce lawyer) sends you the divorce paperwork to sign (yes, they can send it to your address in the UK). You sign it and send it back to the lawyer, and your part is done.

Having no children, property or financials co-mingled makes this a very straightforward case.

Many years ago, I got divorced long-distance, too. I'm a USC but my husband was not. He was actually on a work assignment in Saudi Arabia when we got divorced, and my lawyer got the paperwork to Saudi, he signed it, sent it back, and I just had to make one appearance in court to say Yes, I want this divorce. Easy as pie. A couple of months later I got the final divorce decree in the mail.

Rene

Noorah101 Jun 28th 2012 7:37 pm

Re: USA / UK Divorce?
 
I also should say here, that since you did nothing wrong immigration-wise, this probably isn't the right forum for you.

You should be looking more at how to actually get the divorce done (you probably can even initiate it on your own, from the UK, if she's dragging her feet and you want it done and dusted). Doing it internationally is not a problem, you don't have to come back to the USA for it.

Rene

lansbury Jun 28th 2012 8:24 pm

Re: USA / UK Divorce?
 
Following on from Rene's advice. If you want some free advice go to your local citizens advice bureau. They will not be experts but they can start you off, and may well know a local solicitor who will help at a reduced fee. You can also go to the County Court where you live, get all the forms, and they will advice you how to file them.

ian-mstm Jun 28th 2012 9:50 pm

Re: USA / UK Divorce?
 

Originally Posted by sgriggs (Post 10144692)
I started getting ridiculous emails from her threatening all sorts...

You kept them, right? If not... you should have.



... but she wanted me to file an annulment in MO, as she could only file for divorce in KS.
Since she decided it's over... respectfully, let her file for divorce in KS. Why should you do anything to help her? It's not your obligation.



So i was wondering if anyone had any free advice regarding International Divorce?
Yes... let her start the process. Don't even pick up a phone.

Ian

Giantaxe Jun 28th 2012 10:21 pm

Re: USA / UK Divorce?
 
Assuming he's satisfied whatever residence requirements there are for filing in the UK, he could file there too. Might be the quickest and easiest way to wash his hands of her given it sounds like she is making unreasonable demands etc.

Bootle Jun 29th 2012 12:04 am

Re: USA / UK Divorce?
 

Originally Posted by Giantaxe (Post 10145005)
Assuming he's satisfied whatever residence requirements there are for filing in the UK, he could file there too. Might be the quickest and easiest way to wash his hands of her given it sounds like she is making unreasonable demands etc.

It's not quite so simple. There are specific rules regarding recognition of marriage and subsequently divorce internationally. And there is a difference between an annulment and a divorce. You should try and consult with an experience family law attorney.

For instance, under English law and US law it is the law of the jurisdiction in which the marriage occurred that governs the divorce proceedings unless residency overrides.

PS - I am pretty sure that KS allows for annulment. However, most annulment states do not have "no fault" provisions rather there must be specific grounds for annulment.

Noorah101 Jun 29th 2012 12:53 am

Re: USA / UK Divorce?
 
I know each state is different, but just to share more of my story...before getting divorced, I also tried to get the marriage annulled, since it was only 6 weeks into the marriage (yeah...huge mistake). My attorney told me the only 2 reasons I could get an annullment was if my husband was already married to someone else when he married me, or if he had some sort of terrible criminal thing going on. Neither was applicable, so I had to get a divorce.

Rene

sgriggs Jun 29th 2012 12:56 am

Re: USA / UK Divorce?
 

I'm pretty much on the same playing field as Ian, i have no reason to pay for or rush it threw!, she decided and there was a 3rd party, so unless i want to marry i have no reason to spend anything!

sgriggs Jun 29th 2012 1:00 am

Re: USA / UK Divorce?
 

I just dont want to damage my chances of either travelling to the US or moving there in the future!

Noorah101 Jun 29th 2012 1:02 am

Re: USA / UK Divorce?
 

Originally Posted by sgriggs (Post 10145187)
I just dont want to damage my chances of either travelling to the US or moving there in the future!

Having a USC wife does not help your chances at future VWP visits. It would be better if you had no ties to the USA.

Rene

Scouse Express Jun 29th 2012 1:44 am

Re: USA / UK Divorce?
 
Could he file for an annullment on the grounds of "Marriage Fraud" if she was full of crap?


Jim.


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