Immigration Law Questions? Ask an Immigration Lawyer.
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ANSWER: You can file for divorce in Missouri if you have been a resident of that state for at least ninety days immediately before filing the divorce petition. It does not matter that she is still overseas or that there is no record of a US marriage. You file the petition in the county where you reside. See Missouri Statutes - Title 30 - Chapter 452 - Sections: 300 and 305. With respect to custody, however, a Philippines' court will have to decide that since your son resides with the mother there. The Missouri court will not have any jurisdiction over your son if he is overseas.