How to divorce if the spouse is abroad?

How to divorce if the spouse is abroad?

Visa Inquirer	4/24/2008 1:37:28 PM
How to proceed with divorce in US if a spouse is abroad and the marriage is defunct for many years? I heard it's possible to mail to a spouse some paperwork and then file for divorce with this signed paperwork here in US. Spouse doesn't have any claims and wouldn't contest.



"smith987@gmail.com"	4/24/2008 8:56:23 PM
"Visa Inquirer" <visa_desirer@yahoo.com> wrote in message news:cbdb5dc9-f67d-4908-a23f-5cb611da7070@e39g2000hsf.googlegroups.com... How to proceed with divorce in US if a spouse is abroad and the marriage is defunct for many years? I heard it's possible to mail to a spouse some paperwork and then file for divorce with this signed paperwork here in US. Spouse doesn't have any claims and wouldn't contest. Depends where you live. Willful desertion (abandonment) is grounds for divorce. Or file a separation agreement and wait a year. Or just file for a divorce. You don't need your spouse's consent.



Visa Inquirer	4/24/2008 2:30:19 PM
Depends where you live. Willful desertion (abandonment) is grounds for divorce. Or file a separation agreement and wait a year. Or just file for a divorce. You don't need your spouse's consent. Abandonment may not apply to this case since husband is the one who came to US and spouse didn't follow. If I just file for divorce how will court know that the spouse doesn't have any claims? What's the advantage of filing a separation agreement? And why is the 1 year wait in this case?



"McGyver"	4/28/2008 8:08:11 PM
"Visa Inquirer" <visa_desirer@yahoo.com> wrote in message news:cbdb5dc9-f67d-4908-a23f-5cb611da7070@e39g2000hsf.googlegroups.com... How to proceed with divorce in US if a spouse is abroad and the marriage is defunct for many years? I heard it's possible to mail to a spouse some paperwork and then file for divorce with this signed paperwork here in US. Spouse doesn't have any claims and wouldn't contest. Assuming you have an attorney handling the matter, your attorney will file and process the divorce in the normal way, regardless of where the spouse may be. Your attorney will serve the papers on the spouse in whatever method your state's laws provide in the case of an out-of-state respondent. That may require personal service, or maybe it can be done by mail, I don't know. But whatever method it authorized, your attorney will do that, and then file the proof of service with the court clerk. Then the matter proceeds regardless of whether the spouse answers. There are procedures for taking the case forward to conclusion even if the spouse doesn't respond. If you are handling the matter without an attorney, you will need to learn how, naturally. And all I can contribute is to tell you that the location of the spouse is not a barrier. You just choose methods of service of papers that the state statutes permit. This answer must not be relied on as legal advice for the reasons posted here: http://davidphipps.com/docs/Disclaimer.doc . And I am not your attorney. McGyver

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