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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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Hi this is probably one for the books but anyway. My fiance

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Hi this is probably one for the books but anyway. My fiance is British, he moved here to California in March, following a Mexican divorce from his abusive bi-polar ex wife. We married happily and applied for his green card. We have been totally happy for the last eight months but on Friday found out that his ex had the Mexican divorce overturned. Okay that was painful but we stayed calm. However her lawyer in England says she cant accept the new divorce petition out of California because she is not an American lawyer, I dont think thats true but am curious. Also his ex hides from the process server to add insult to injury. There is no custody question and no property to be divided. Why cant he receive a bifurcated divorce what would it take?
Thank you for your question.

My apologies but I am somewhat unclear--what specially is the petition for? You mean to refile the petition for divorce in the US?
Customer: replied 4 years ago.

Yes for US immigration they have insisted that the divorce be filed in America, fine I'll do it of course, in fact I have but she wont accept service and neither will her lawyer. I am under threat of deportation I deeply love the American woman I thought I already was married to, she has multiple sclerosis and cant leave America so we must reside here. I need a quick bifurcated divorce, my ex will never agree to any divorce so what do I do?

Customer: replied 4 years ago.

Hi we have attempted to serve her for the new divorce but she evades the server

Thank you for your follow-up.

My apologies on the delayed response, I had an emergency off-site and could not get back until just now. Again, my apologies, kindly permit me to answer your concerns at this time.

The answer the British solicitor provided to you is pure bunk. Accepting service (that is, accepting the documentation) is not the same as actual representation. While a British solicitor cannot represent in a US court unless he has a US state bar license, he can still act as the person's formal representative and agent and accept documentation. That answer that was provided to you is simply not true, at least under US law. It may be true under British law, that I do not know, but it is not true here.

Instead of a bifurcated divorce, if she is evading service it may be wiser to consider filing for a 'default divorce' and ask the judge to grant one after you show that you attempted best efforts to serve and could not find her even over all your reasonable attempts. That may include placing advertisements in local newspapers where she currently is located as a means of finding her, and for this I would recommend that you consider retaining local counsel if at all possible.

Bifurcated divorces are very rare and are generally granted only when parties really cannot agree on finances, not where one is hiding out--for that you need a 'default divorce' if at all possible.

Good luck.

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