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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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How to file for a divorce while residing overseas and can not

Customer Question

How to file for a divorce while residing overseas and can not obtain any entry visa into the states?
Submitted: 4 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 4 years ago.
Where does your spouse reside?
Customer: replied 4 years ago.
Houston, TX and spouse would never file for a divorce. I am being forced against my will to continue being married to this spouse causing a grave detriment to my life. As mentioned before the US consulate would not grant me a temporary visa into the states to proceed with the divorce. There is no asset or children at stake. Just a simple no-fault divorce. I do not need anything from this spouse other than the divorce decree. That's it. PLEASE HELP ME!
Expert:  N Cal Attorney replied 4 years ago.
http://lawyers.findlaw.com/lawyer/firm/Divorce/Houston/Texas is a directory of divorce lawyers in or near Houston, some of whom offer a free consultation. You can have an attorney file the divorce papers even if you are not in the US.

If your spouse ever lived in Sweden you may be able to file for divorce there.


http://www.international-divorce.com/d-sweden.htm states:

The first condition in order to be able to file a petition for divorce to a Swedish court is that the Swedish court must actually have jurisdiction to hear the case. That is of course the case where both spouses are Swedish nationals and live in Sweden. But Swedish courts also have jurisdiction in the following cases:

· where both spouses are Swedish nationals,

· where the petitioner is a Swedish national and is habitually resident in Sweden or has previously been habitually resident in Sweden since he or she reached the age of 18,

· where the petitioner is not a Swedish national, but has been habitually resident in Sweden for at least one year,

If you have lived there over a year, you can file for a divorce in Sweden.

http://www.hg.org/law-firms/Family-Law/Sweden/Stockholm.html lists one law firm in Stockholm that handles divorce cases.

If possible, I woulf file in Sweden.

N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8002
Experience: since 1983
N Cal Attorney and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
First, thank you so much for the response...

Second, I have asked several attorney's in houston to file the divorce papers; however, I was turned down, due to Texas state law that requires me to reside within the state for the preceeding 6 months prior to filing and also 90-days within the county (Harris county) of marriage. This would be impossible for me since I can not obtain any visa's back into the US.

Third, spouse is neither a Swedish national nor has ever lived in Sweden. I, the petitioner have lived in Stockholm, Sweden since December 2008 (5 months), but NOT a Swedish national. According to Swedish law, I must reside here for at least 4 years consecutively prior to sending an application for nationality.

Fourth, suppose after a year of living in Sweden (7 more months ahead) I want to file for the divorce in Swedish court:

QUESTION:

How could the Swedish courts have jurisdiction over a clearly stated Texas state law with the required residencies mentioned above? And how would the Swedish courts enforce such divorce decree from Harris county, state of Texas in the US? And how would Harris county grant such a divorce from a court of another country?

IT JUST DOESNT MAKE ANY SENSE. I am so confused.

Expert:  N Cal Attorney replied 4 years ago.
One of the parties to the marriage must have been a resident of the state for six months and a resident of the county in which the petition is filed for 90 days preceding the filing

http://www.statutes.legis.state.tx.us/SOTWDocs/FA/htm/FA.6.htm#6.302 has the Texas statute:
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

You do not have to reside in Texas. If the other spouse has been there 6 months, you can sue there.

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