Hello
Guest

Sponsored Links


Topic: Moving back to US.. Divorce in UK or US?  (Read 1921 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 65

    • facebook
  • Liked: 0
  • Joined: Jan 2010
  • Location: Windsor, Berkshire
Moving back to US.. Divorce in UK or US?
« on: January 17, 2011, 09:40:57 AM »
This may be the wrong place to post this but it seemed more fitting than the other threads, so my apologies if I am wrong.

Well I really hate that I have to make this post, but my UK husband has decided that he wants to end our marriage.  We are currently living in the UK, but I have no life here aside from him so I will have to head back to the US as soon as possible...
We were married in Chicago 10 months ago, and we have no children or any property or anything to 'split up'... 
I am not sure how to go about the divorce.  Since I will be headed back to the US, would it be best for me to file there?  Do I have to file there, since I am American and since I will be moving back there within the coming weeks? 
I have poked around the internet as much as I can but I guess this is too specific to get any real answers out there... all that I have discovered is the fact that under UK law, you must have been married for one year, and we have only been married for 10 months.  Furthermore, it seems like I would be able to skip all sorts of costs of divorce if I were to file in the UK..(could be wrong but it seems like in UK I can do it all without a lawyer but in the US divorce is just known to be very pricey??)
 Can I file for divorce in the UK if I am not a UK citizen, and I won't even be here when that one year mark comes (in March) ??  He is a UK citizen of course, so would he have to be the one to file in the UK if we decide to take that route?  Not sure what is best, I would appreciate any advice or experiences that anyone could share with me in this difficult situation.
I have a lot of these general questions so I guess I will start with this just to see if anyone can even actually help.  I am hoping that we are able to resolve our differences, but at this point he seems pretty confident that we will not be able to stay together.


Re: Moving back to US.. Divorce in UK or US?
« Reply #1 on: January 17, 2011, 09:52:17 AM »
Under English/Welsh law you cannot divorce in the first year of marriage. Also you may have to be seperated for at least 2 years before you can get a divorce in the UK:
Quote
Reasons for divorce

The court will only grant you a divorce if a judge agrees that your marriage is at an end. The legal term for this is 'irretrievably broken down'.

You must satisfy the court that one or more of the following is true as proof that your marriage is over:

•adultery by your husband or wife
•unreasonable behaviour by your husband or wife (any behaviour that means you find it impossible to live with them)
•desertion for a period of at least two years
•two years' separation, if you both agree to the divorce
•five years' separation, if there is no agreement to the divorce

It may be much easier and quicker to do it in the US. Depending on your state of residence it doesn't have to be costly either and most cases if it's mutual & uncontested it can be done with the assitance of a paralegal and not that expensive.


  • *
  • Posts: 6537

  • Liked: 0
  • Joined: Jul 2006
Re: Moving back to US.. Divorce in UK or US?
« Reply #2 on: January 17, 2011, 01:10:06 PM »
My friend did her divorce herself in Rhode Island.  Each state has its own rules, as usual.  ;)


  • *
  • Posts: 2681

  • Mummy of Jean Kathleen and Thomas Patrick
  • Liked: 1
  • Joined: Sep 2004
  • Location: Coventry, West Midlands
Re: Moving back to US.. Divorce in UK or US?
« Reply #3 on: January 17, 2011, 03:05:09 PM »
Sorry to hear you are going through this. 

I'm sure it varies state by state but I did mine in Arizona (back in 2001) through a paralegal firm called The Divorce Store which was pretty simple and reasonably priced, didn't even have to appear in court (which was good as I'd moved to MA). Took about 2 months time.

I'd check the laws in Illinois (I assume that is where you are repatriating to?) and see what is required, probably best to file from the US.
Maroon Passport Club!


  • *
  • Posts: 1334

  • Liked: 2
  • Joined: Dec 2004
  • Location: Texas
Re: Moving back to US.. Divorce in UK or US?
« Reply #4 on: January 19, 2011, 02:52:16 AM »
If you're going back to the state you left, and it's been less than 12 months, that state may still consider you a resident.  I found that out when I left Texas and moved to Nevada for 10 months. 

When I got my Nevada driver's license, I had to surrender my Texas license.  When I returned to Texas, I went to DPS and asked about testing to regain my Texas license, I was told that I could just prove my identity and get it back.  Living outside of Texas for less than 12 months meant that Texas still considered me legally resident.  If you're going back to the state you left, you may find the same holds true for you.  If so, you can get the divorce there.  An uncontested divorce with no custody or property issues shouldn't be expensive.  You may even be able to do it yourself.  Good luck to you. 


Sponsored Links





 

coloured_drab