How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
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.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My wife and I are both US citizen. We got married in California

This answer was rated:

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 4 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.

Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you