Ut Divorce D Foreign Spouse
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FAQ
If the immigrant is already a permanent resident when the marriage ends, divorce won't affect their immigration status. Divorce can delay when the foreign spouse can obtain citizenship. There is a three-year residency requirement to take a citizenship exam for those married to a U.S. citizen.
Thus, under the ?status exception,? if one partner of an international couple moves to the United States and becomes domiciled here, she may obtain a divorce in the U.S. state in which she is domiciled even if her spouse has never stepped foot in the United States.
State courts in the United States may divorce couples that were married abroad even if the cause for the divorce occurred abroad, but only if one of the spouses is domiciled in (or at least a resident of) the forum state at the time the divorce action is commenced.
How do you get an international divorce? To get an international divorce, you must follow the divorce laws where you live or where your spouse lives ? whichever country you choose to petition for divorce in ? while keeping in mind that service of process laws still need to be followed based on each country's laws.
You must serve legal notice of the divorce proceedings to your spouse's current address, whether he/she lives here or overseas. Once you file paperwork, the court will send the summons to your partner, who can then sign and return the documentation.