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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My wife and I got married in Australia and now want to get

Customer Question

My wife and I got married in Australia and now want to get a divorce. She was living in the united states with me for 2 years and then just left without saying anything. She is now back in Australia. How do I go about getting a divorce. Does she have to submit it from Australia since thats where we got married or can I do it here in the U.S.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

If you have received residency rights in the US, you can very simply file in your home state. Your filing will be based on the grounds of "abandonment". If she (the spouse) refuses to come back, you will have to try to show the courts that you attempted, in good faith, to serve her, but were either unable to find her, or were unable to get a response. Within 90 days, if she somehow does not respond to your summons, the Washington court can grant a divorce in absentia and will permit you to go on with your life.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 7:19 AM EST
Customer: replied 7 years ago.
I am a US citizen and she is not. She had not been in the united states long enough to get permanent status. My question is does she need to file the divorce papers from Australia since that is where the marriage took place or can I do it here in Washington state. I want to to a uncontested divorce. It is pretty straight forward. She does not want to pay for any of the expenses and Im fine with that. I just want to get out without any complications. So my question is what is the fastest/easiest way to get the divorce finallized. Does she need to submit the paper work from Australia or can i file here. Im confused on how this all works since the marriage took place in Australia.
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

My apologies if I was not clear. Only one of you can file for divorce. Both of you do not have to file, as the other party gets served a summons for the divorce proceeding. So you have a choice--either you can file in Washington, which is where you have residency, or she can file in Australia as that is where she has citizenship. Where you got married is irrelevant--you can still file for divorce in your home state. They will simply pursue the uncontested divorce on local (Washington) rules rather than on the rules in the locale where you got married.

Good luck!

Edited by Dimitry Alexander Kaplun on 5/2/2010 at 10:15 PM EST