Wv Divorce Law For Foreigners
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FAQ
If you're seeking a divorce without your spouse's consent, you should know that you can move forward with divorce proceedings in all 50 states. While it takes the consent of both parties to enter into marriage, it only takes the consent of one party to end the marriage.
United States law does not require U.S. citizens to register a foreign divorce decree at an embassy. But if the country in which your divorce took place is a signatory to the Hague Convention on the Authentication of Documents, you may bring your divorce decree to a U.S. embassy or consulate to have it certified.
Unilateral divorce means one spouse decides to terminate the marriage without the consent of the other. This is possible whether a spouse files a no-fault divorce?meaning neither party is responsible for the marriage coming to an end?or an at-fault divorce that assigns blame, such as adultery or abuse.
In order for your divorce to be valid in Virginia at least one spouse must be a bona fide resident and domiciliary of Virginia. This is true even if both spouses are living abroad. One spouse must confirm their permanent Virginia residency, and state that they are only living in the other country on a temporary basis.
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.