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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I want to get a divorce but we live in Korea, The last state

Customer Question

I want to get a divorce but we live in Korea
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: The last state we stayed one year ago before moving away was New York
JA: Has anything been filed or reported?
Customer: no nothing is done yet trying to figure out the best thing to do i have a 2 year old son i want to file divorce and legally take him back with me
JA: Anything else you want the lawyer to know before I connect you?
Customer: my husband is army contractor now in Korea and I am a full time housewife
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
I want to know the first legal step to do . I don't want to just take him back to states without any court order and got myself into trouble
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are still legally married, there is nothing preventing you traveling with the child and if you want to return to the US for filing a divorce, then what you need to do is not tell your spouse that and only tell them you want to go home to visit for a few weeks with the child and go. Your alternative is just to leave while he is at work and as long as you have the child's passport that is all you require to travel back. Once back to the US you can file for divorce and have your spouse served in Korea and you can proceed with your legal action to dissolve the marriage and to get custody.
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