Can I get divorce if my husband is in another country? - Divorce Law Questions and Answers- LawQA.com

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Can I get divorce if my husband is in another country?

I have been married for 22 years and been separated for 10years. I want a divorce, but my husband is in Mexico for the past 2 yrs and can't return. Can I get divorced without him? I can get the paper to him.

Answer By Tina Fox
Fox Law Firm LLC
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Yes, you can get a divorce without him being here. We can file a notice of publication in a local newspaper. Contact our office today for a free consultation and we will discuss the whole procedure without and your different options.

Answer Applies to: Illinois
Replied: 5/17/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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Yes. Especially if you and he can agree to all terms of the divorce, there is nothing that requires him to be present in person.

Answer Applies to: Colorado
Replied: 5/17/2011

Fredric H. Aaron, Attorney at Law, P.C.
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If your husband does not intend to contest the divorce, you can file for an uncontested divorce provided that you serve your husband with the divorce papers in Mexico in a way which complies with both state law and the applicable law of Mexico. Your husband will also need to go to an apostile or notary at the nearest US Embassy or Consulate to sign the divorce papers before filing. If your husband intends to contest the divorce, then the issue is more complicated. In addition to serving the divorce papers on him as illustrated above, he will also need to gain lawful entry into the United States in order to appear in the divorce proceedings. In New York State, judges in divorce cases require both spouses to be present at each hearing and appearance date, and will only grant a waiver of appearance in extreme circumstances (such as medical emergencies). If you cannot get your husband to agree to an uncontested divorce then you may face some difficulties in getting the divorce completed.

Answer Applies to: New York
Replied: 5/17/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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Of course! There are at least a couple of ways to divorce him. If you can have him personally served, so much the better. You will need a Proof of Personal Service (FL-330).

Answer Applies to: California
Replied: 5/16/2011

Answer By Glenn E. Tanner
Glenn E. Tanner
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Yes.

Answer Applies to: Washington
Replied: 5/16/2011

Michael Anthony Wing, P.C.
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Yes. You will need to use due diligence in locating and serving him, which may involve the Hague Convention as service procedure, assuming Mexico is a participant, but I don't see why it can't be done. Stay well.

Answer Applies to: Alabama
Replied: 5/16/2011

Answer By Michael Rose
Michael Rose Attorney at Law
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Yes you can get a divorce.

Answer Applies to: California
Replied: 5/15/2011

Theodore W. Robinson, P.C.
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Yes, you can get a divorce from him. Speak to a matrimonial attorney for details about service upon him by publication or at his last place of residence or in Mexico. Good luck.

Answer Applies to: New York
Replied: 5/14/2011

Answer By Maury Beaulier
Beaulier Law Office
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Yes. If he will agree to terms, the divorce may be easily accomplished by agreement. If he will not agree, you must have him served with divorce papers and proceed as if contested.

Answer Applies to: Minnesota
Replied: 5/14/2011

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