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how do i divorce after marrying in USA
Posted by: keith
27/01/10 at 4:08 pm
Help! i have lived in the uk all my life, as does my spouse. however we got married in florida while on holiday there in 1999.
We seperated in 2004 and haven't seen each other since. no children or property to consider, a very mutual seperation.
How do i go about getting a divorce?
can anyone help
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There are currently 2 replies.
Re: how do i divorce after marrying in USA
Posted by: Suzanne Kingston, partner, Dawson's Solicitors
05/02/10 at 4:35 pm
In order for you to divorce your wife in England and Wales, you would need to show that one of you (or both of you) is either domiciled in England and Wales or habitually resident here. From your brief query, you both appear to be habitually resident in England and may also be domiciled here. If that is the case, you would be able to sue for divorce in England and Wales.
You will need to issue a divorce petition at court based on 5 years separation, alongside your marriage certificate and a £300 fee. If you know the address of your spouse, the court will use this for service. If you do not know the address, then, if your spouse cannot be found, you can apply to the court for deemed service, although you will need to show the court that you have taken all reasonable steps to ascertain your spouse’s whereabouts.
I am answering this solely based on the facts you have given me. You should get full legal advice, based on all the circumstances. A good place to look for someone suitable would be from the Resolution website which is an organization of family lawyers.
Re: how do i divorce after marrying in USA
Posted by: namrata
10/02/10 at 7:22 am
Yes, I am totally agree with you as, you have to first show where you Domiciled for that you need to submit your credentials to the court and the legal adviser will let you know about the legal formalities that have to proceed further.
As, the same case happened with one of my friend and he have to go through all the legal formalities.
