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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I was married to my husband 4 years ago in ***** *****, VA

Customer Question

I was married to my husband 4 years ago in ***** *****, VA but never lived there. We lived together in West Virginia and that was 3 years ago. I have deserted him now for over 3 years and would like a quiet divorce. I'm not a US citizen and I dont have residency in any state in the US. I will be visiting US shortly for only 90 days. How can I file for divorce?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was married to my husband 4 years ago in ***** *****, VA but never lived there. We lived together in West Virginia and that was 3 years ago. I have deserted him now for over 3 years and would like a quiet divorce. I'm not a US citizen and I dont have residency in any state in the US. I will be visiting US shortly for only 90 days. How can I file for divorce?Read more: http://www.justanswer.com/family-law/4ls9x-state-divorce-shortest.html#ixzz3yTfFMjsp
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Submitted: 10 months ago.
Category: Family Law
Expert:  originallawyer replied 10 months ago.

Hello:

You can file for divorce based on wherever your husband is currently a resident. That means you would need to file in West Virginia, if he still lived there. However, your problem will be if he does not agree to a quiet divorce and decides he wants a trial or lots of hearings. You would need to be able to attend those hearings and trials.

Customer: replied 10 months ago.
I( have no clue where he lives or where he is. I have had no contact with him ever since I left him.
Expert:  originallawyer replied 10 months ago.

That will be an issue then. If you don't have residency anywhere, then you will not be able to file. Most states require that you live in the state for at least 6 months before allowing you to file. The other issue is that you have to serve him with divorce papers in order to get divorced. If you don't know where he is, then you'd have to ask the Judge to put a notice in a paper in the last known area where he lived. The process gets more complicated and lengthy if you don't know where he is.

If you are not willing or able to establish residency in the US, then you'll need to make some attempts to find him, by hiring a private investigator, or trying to find him through public records on the internet. If you know someone's name and birth date, you can often find them through drivers license records or voting records. Research libraries on college campuses and law school campuses often have access to public record databases for free, or you can pay for a service like www.publicdata.org to try to find him.

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