I am English my husband is American. We were married in America. I now live in UK and he lives in USA. I want to get a divorce and i dont want to go to the USA to get it.( Im so tired of it want to travel somewhere else with some culture) How do i go about it? Help!
2006-09-23 05:49:17 · 10 answers · asked by intelligensio 2 in Family & Relationships ➔ Marriage & Divorce
You can still file your divorce petition in the UK courts as you live here. It doesn't matter that he now lives in the US. You will need your marriage certificate. It will not be any different to getting the same divorce you would have got if you had married an Englishman, in England, and both still lived in England. The only difficulty you might have is if he doesn't want to co-operate with the divorce, as the petition is served on him and he is asked to sign and return the Acknowledgement of Service form to the court. He might be willing to oblige you on this if you agree not to ask him for any money. If he does refuse, it's still possible to force the divorce through, but it would no doubt be more expensive, as you or your solicitor would have to pay a local process server to serve him with the papers. What happens then is if your husband still doesn't return the form, you apply to the District Judge here in England for "deemed service". You do this by showing the process server's affidavit swearing that he served the papers on your husband, and that your husband is just not co-operating. The District Judge will then probably grant permission for the divorce to go ahead without your husband's co-operation, and he may also grant an order against your husband then to pay your costs.
You should go and see a good local solicitor as this one might not be so easy for you to handle by yourself. If you're on reasonable terms with your husband, perhaps you could contact him and ask if he would co-operate with a divorce brought by you. It would need to be on the grounds of his unreasonable behaviour unless he would admit to adultery or unless you have been apart for 2 years or more. Unreasonable behaviour does not have to be nasty at all and in fact the UK courts prefer you to keep your allegations of his behaviour mild, as they consider they are not a forum for spouses to air their grievances or humiliate each other.
2006-09-23 10:55:40 · answer #1 · answered by Specsy 4 · 0⤊ 0⤋
Divorce laws and courts jurisdiction have a lot to do woth domicile. Wherever you live, tere will be domicile rules as to when you can file. For example if you live in CALIFORNIA for six months then you can file there. If you live in UK, you would need to check the law there to see how long you need to be there before you can used their courts. Domicile means a place you intend to regard as your permamnent residence. Once you have established that, (met the jurisdicytional requirements) you then can file in your country of choice, where ever taht may be.
Then the key is how to serve the papers on your ex-to-be!
If he is in USA, it will be easy, as long as you know where to locate him. However you have to find out what the UK law would require to make it a valid service so that they ccan give you the divorce. He will ahve an opportunity to defend the divorce.
However it may be a little more complicated if tere are kids.
You may want to use a USA mediator so that you can do it in a cooperative way to make it quicker and easier.
Sites:
http://www.megilamediation.com
http://www.divorcehq.com
http://www.privatecourts.com
2006-09-23 06:03:45 · answer #2 · answered by MelanieMediator 2 · 0⤊ 0⤋
I've read about people from the States getting divorced in the Dominican Republic, but don't quote me.
2006-09-23 19:55:58 · answer #3 · answered by avab2u 2 · 0⤊ 0⤋
You need to check that with an attorney... Is difficult to say. Maybe is possible, since they go and release people from jail (I mean UK citizens from USA's jails).
2006-09-23 05:55:11 · answer #4 · answered by Marmot 2 · 0⤊ 0⤋
if you put in for divorce 1st you should get juristiction in the UK
then the divorce would be in the UK and not the states
dont tell anyone your intentions just get on with it otherwise you might lose juristiction
2006-09-23 05:54:40 · answer #5 · answered by JAMES OY 3 · 0⤊ 0⤋
I don`t have a clue, sorry, but surley a solisitor could help you? most offer first hour free or atleast 1/2. call up and ask
2006-09-23 05:56:29 · answer #6 · answered by B.B 1 · 0⤊ 0⤋
In UK we have C A B advice centre. They can be found on internet and you can email or phone them explaining situation. They are free to give advice and very helpful.
2016-03-27 04:33:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Grow up, so your husband and you don't get along. Fine! don't make stupid comments about Americas culture because of that.
2006-09-23 09:15:57 · answer #8 · answered by n2mustaches 4 · 0⤊ 1⤋
Take your documents to the American consulate and
ask your question.
2006-09-23 05:54:35 · answer #9 · answered by Ricky 6 · 0⤊ 0⤋
dont know never done it
2006-09-23 07:45:36 · answer #10 · answered by srracvuee 7 · 0⤊ 1⤋