divorce...where to file?

Hello-
I am not going to go into any real personal details, as i am not looking for relationship advice and this is hard enough emotionally, much less logistically.

I am a US citizen, he is a British citizen.
We were married in August 2007 in the United States.
I moved here to the UK- at the beginning of January 2008 on a spousal visa.
I will want to return to the US and need to know where we would file for a divorce if it comes to that...

in the United States where we married?
or in the UK where we are residing?
what would it entail? ( residency, presence of both parties, separation, etc.)
it would most likely be a mutual consent, nothing like adultery or anything.

Thank you.

You file where you (the petitioner) are resident.

But can she remain a resident if they choose divorce?  She hasn't been here that long and would lose her FLR, wouldn't she? Would that only happen once a divorce went through so she could remain until that time?  I'm not as familiar with the divorce laws under FLR--I know more about ILR spouses, so excuse my questions.

Sorry things aren't working as well as you hoped, Candy.

Sorry, I didn't mean she should remain here in order to file, I meant whether she ends up staying here or returning to the US, she should file wherever she is resident.

As for the FLR, I think it remains valid to it's original expiry date doesn't it? I am sure someone else can clarify that.

By the way, Candy, to do a divorce by mutual consent in the UK you have to be separated for 2 years first, but then it is all done on the papers.

Thanks Britwife.  I see that could go either way now.  I was throwing my own assumption in that you meant staying resident here in the UK as she is currently here. 

I also thought you had to be married a year before filing for a UK divorce?

Good point Kristi!

There's a good, basic guide to the divorce process in England & Wales here:

http://www.foot-ansteys.co.uk/index.cfm/solicitors/Bespoke.Details/sectionzone_id/1/bespoke_id/32

You can get divorced for unreasonable behaviour any time after 1 year I think it is  you will need to list 10 things that have made the marriage break down and why it would be unreasonable to expct you both to continue with the marriage, it may even be 6 months you need to ask a solicitor that deals with divorce , if it is amicable they may want you to have counciling to make sure prior to the divorce it is what you both want.

You get a free 1/2 hour session with a solicitor so you could seek legal advice about where to file from and any other info you need to know.

Sorry to hear things are not good.

Take care and good luck.

You can get divorced for unreasonable behaviour any time after 1 year I think it is  you will need to list 10 things that have made the marriage break down and why it would be unreasonable to expct you both to continue with the marriage, it may even be 6 months

It's 1 year, whichever ground you are using.

Someone correct me if I'm wrong, but I believe as soon as your relationship has dissolved your FLR is no longer valid.  So, you'll probably need to get divorced in the US, but you should contact a lawyer to confirm!

Hope everything works out for the best! Good luck.

I think so too, Yael.  My FLR for my work permit was valid until 2010.  As soon as I left the country, it was no longer valid even though the date said otherwise.

Someone correct me if I'm wrong, but I believe as soon as your relationship has dissolved your FLR is no longer valid. 

I believe you are correct on that, Yael- that's what Vicky has said in the past.  As soon as the relationship is definitely for sure over, the spousal visa is invalid no matter when it actually expires.

I believe you are correct on that, Yael- that's what Vicky has said in the past.  As soon as the relationship is definitely for sure over, the spousal visa is invalid no matter when it actually expires.

Does it make a difference if you  got a spousal visa in the US or an FLR (after a fiancee visa) in the UK?

So who informs the Home Office you're divorced so the visa can be cancelled? In most cases the Family Court does not even inquire about a person's nationality or visa status.