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I have met someone in Mexico that I would like to marry. She

has been seperated from her...
I have met someone in Mexico that I would like to marry. She has been seperated from her husband for 5 years. Everytime she has tried to divorce him, he acts like he will go through with the divorce, then backs out at the last moment. She has a passport and visa. My question is. If she comes to the states is there anyway to have the marriage ended.
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Answered in 2 minutes by:
6/25/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

In which state would your girlfriend be residing in the states? Would she stay long enough to establish residency?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

We would be living in Georgia. The goal is for us to be married, so I assume she would be there long enough to assume residency. Of course here visa is only good for 180 days at a time.

I see. Thank you for providing this additional information, Ron.

The only way she could typically obtain a divorce in the states would involve establishing residency in the state where she intends to live. In GA, the law normally requires that one of the spouses to a divorce proceeding have established residency in the state for 6 months preceding the filing of the petition for dissolution.

Here is a link which summarizes the law on this issue:

http://www.divorcesource.com/ds/georgia/residency-requirements-for-a-georgia-divorce-817.shtml

However, because she is not a resident of the states, your girlfriend should consult with a local immigration law attorney to ensure she properly establishes residency in the state.

If she filed a petition for dissolution after the 6 month period and her spouse did not contest the court's jurisdiction, she could typically obtain a no-fault divorce even over her spouse's objections. However, if he did contest her residency in GA, then she should be prepared to prove that she did properly establish residency even though she is not a citizen of the states.

This option would normally represent her best option for seeking a divorce even over her spouse's objections.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Hello again Ron,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina
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Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Tina
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
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Experience: JD, 17 years legal experience including family law

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