How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33072
Experience:  16 yrs. of experience including family law.
11181181
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I got married in Gibraltar, and my wife and I want a divorce

This answer was rated:

I got married in Gibraltar, and my wife and I want a divorce and it will be a year after the marriage. She currently lives in the US and I will be heading to the US soon to. Is there anything I need to do within regards XXXXX XXXXX?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, is your wife a citizen of the US? Do you know what state she lives in?
Customer: replied 3 years ago.
Relist: Incomplete answer.
I got my question back with another question and nothing got answered.
Thank you for using JustAnswer©, but the way this system works is a back and forth exchange with the expert so that they can gather sufficient information from you that they need to provide you the information you are seeking. If you are not able to provide additional information or not willing to communicate back and forth with your expert, I am afraid you will have to use a local attorney in person who will ask you questions as well so that they have sufficient information to help you properly.
Customer: replied 3 years ago.

I did reply with another the information the required but either it never posted or the expert never got the post from here

I sincerely XXXXX XXXXX any technical issue you experienced that caused your reply not to appear, but the expert has no control over that. If you could please use reply to expert and answer the expert's questions he will get to you with the information you are seeking as soon as he possibly can.
Customer: replied 3 years ago.

If this is where I reply then the to answer his question is that my wife is a US citizen she currently resides in Oklahoma. I would like to know if there would be an issue with getting a divorce in the US, since we got married in Gibraltar? I am also a US citizen.

Easy

Sort of.

If she or you are a US Citizen you can divorce in the US.

I say "sort of" since this is a bit more complex than your "run of the mill" divorce...that is since you have a marriage outside of the US.

But lets back up...

a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.


SO, if you can agree with your "soon to be ex" on who gets what, great! If not, you need an attorney.

And even if you can agree you likely would do well to have a lawyer...that is since BEFORE you can divorce, you first have to get the court to recognize the marriage. You have to present evidence to the court that the marriage in the foreign country (in this case Gibraltar) is valid. The court will be able to tell you want you need to prove this...typically you have to have a court copy of the marriage certificate (whatever the court issued, an official copy). Then you have to show that the court system in Gibraltar provides "due process" to the parties. If you can do this, the court will accept the marriage, and then can issue a divorce.

SO it is possible...but you really need to use a local attorney to prepare and present the case.

If you both agree on the terms of the divorce? Then it should not cost much at all to get the lawyer to present the evidence to the court to allow them to recognize the Gibraltar marriage.

BotXXXXX XXXXXne: this is not too complex...you can file in OK (since she lives there) or in the state that you live in. You will need an attorney to ratify the Gibraltar marriage...but that is not too complex.

The bigger question is can you and her agree on the terms of the divorce...if you can? Then this is easy

If not? It will cost you a bit to have the lawyer fight out the divorce for you

P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33072
Experience: 16 yrs. of experience including family law.
P. Simmons and 3 other Family Law Specialists are ready to help you