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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife and I are both US citizen. We got married in California

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My wife and I are both US citizen. We got married in California 3 yrs ago. We both are currently living outside of country, China and Korea. IS there any possible way to get divorced without flying back to the states?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, how long have you lived overseas at this point? I am also assuming that you wish to file for divorce in US courts and not pursue divorce in either China or Korea, correct?
Customer: replied 3 years ago.

My wife has been living in China for over 2.5yrs. I lived in Korea for about 1.5yrs. Yes we do not have a citizenship in China nor Korea so we just want to get divorced in US courts.
What would be my options to do so?


Thank you for your help.


Thank you for your follow-up. The reason I asked about how long you lived overseas is because as it currently stands, you would not be able to file for divorce in US state courts. US state law requires residency first depending on the state of anywhere form 90 to 180 days before you are able to file and use the local courts for divorce proceedings. Consequently as you have been gone from the country beyond that period of time, you currently have no state of residence where you can point to and claim that this state has jurisdiction over you and your marriage (where you got married does not count if you are no longer residents there). You are stuck with using either Chinese or Korean courts at this time, or one or both of you must return back to the US, obtain residency, and file. Then, at least one of you must appear at the hearing (the other does not have to appear) so that the divorce can be granted.

I am sorry.

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