I am a US citizen living in the US with my Bolivian-born wife for the entirety of our marriage. We were married at the Bolivian Embassy in Santiago, Chile under Bolivian law (and I've never been to Bolivia). If we file for divorce, where would that process have to take place? can it be handled in the US in a US court? Or would we have to go to Bolivia?
Hello. So where exactly are you both living now? What city, county and state? And how long in that specific location?
Hello, we're living in Atlanta, Ga, Dekalb County, and have been living in this house since 3/2004. We were married on 10/19/2001, and lived in an apartment in decatur, ga, Dekalb county until moving to our current residence. fYI, I was born in the US. thanks.
Ok, then it is not a problem. You can file in the location that you are living in and get the divorce to have full affect in the U.S. The problem with getting a divorce outside of where you live is that most states within the U.S. would not recognize it if you did not live in the location that you got the divorce. Like for example, some people used to go to the Dominican Republic, file for divorce and obtain it rather quickly. That is an absentee divorce because neither party lived there. So as long as you file where you live, you should be ok. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
1) If we filed for divorce here, and my wife was not pleased with the outcome, could I be called to a court in Bolivia to redo the process?2), we never obtained a Marriage license here in the US. Does that change anything? Thanks.
1) It is possible, but there would not be much of a point. Why? Because if you are still living in the U.S. and have all your assets here in the U.S., she would have to file whatever judgment she obtained in Bolivia in a U.S. court which has already decided in your favor. So it wouldn't make much of a difference unless she can convince the U.S. court that the finding of the Bolivian court is correct.
2) No, it does not. The U.S. gives full faith and credit to your marriage in Bolivia.
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10+ years of experience in various aspects of U.S. Immigration Law.
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