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My wife is Philippine citizen and we were married in

Customer Question
My wife is Philippine...

My wife is Philippine citizen and we were married in Missouri she is now living in the Philippines how can I get a divorce both of us are agreed no contest

Lawyer's Assistant: Are you both currently living in the United States, and what are your immigration statuses?

No she is living in the philippines

Lawyer's Assistant: Have you talked to a lawyer?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that we were married in texas county Missouri and she is now in the Philippines and will not return she is willing to sign a no contest waiver

Submitted: 11 months ago.Category: Immigration Law
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Answered in 19 minutes by:
8/3/2017
Immigration Lawyer: Lucy, Esq., Attorney replied 11 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Immigration Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

As long as you've lived in Missouri for at least six months, the judge can enter a divorce there for you. You'll file a Complaint for Divorce and serve her with notice via certified mail. When she doesn't respond, you'll then be able to file a Motion for Default Judgment. The court has an Affidavit for Service by Mail that you'll fill out and complete when you file the Complaint.

Sometimes, you'll have to go in for a hearing where you testify under oath that your marriage is broken and cannot be repaired. It depends on the judge. But the process should be fairly straightforward when she's not there to contest anything.

The forms and instructions are available online. At the end of the Complaint for Divorce, you'll request a summons because your spouse will not be signing the papers.

http://www.selfrepresent.mo.gov/page.jsp?id=3832

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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