Can I File Divorce in My Home Country?

Q: After marriage with my U.S. citizen husband for about 3 years, we may go to the divorce process. I have a conditional U.S. Green Card now. Since we are currently in my home country, can I file divorce in my home country, or I must file it in United States?

A: The requirements for divorce are a matter of state law. Each state sets its own standards and legal requirements. However, eligibility to file for and obtain a divorce in a particular state depends upon various residency requirements within that state. It does not require that the marriage was entered into in the particular state, or even within the United States. Thus, although married in another country, a couple may obtain a divorce in the U.S., if they meet the legal requirements of their state of residence. 

There is an additional layer of complexity for foreign nationals considering marital dissolution. They must also seek advice in their home countries as to the recognition of any U.S. divorce. They need to determine if the divorce itself, as well as the financial and custody terms, will be recognized. They need to assess their potential exposure to a separate divorce, support, and/or custody case filing within their respective home countries. They may need to determine how to obtain recognition and, if needed, enforcement of the provisions abroad.

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