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Topic: Divorcing a UK spouse  (Read 1266 times)

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Divorcing a UK spouse
« on: January 20, 2021, 04:10:34 PM »
Hi all.

It's looking like divorce is imminent. I am American and married a Brit, moved here on a spousal visa, got ILR and subsequently, UK citizenship.

We married in the USA. Do we have to divorce in the same jurisdiction?
We have no children. I expect the division of property (home equity) to be amicable.

I am dreading starting over AGAIN but I cannot live like this.
I will move back to the US with the few personal belongings I have.

Any advice or direction would be greatly appreciated. Thank you.


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Re: Divorcing a UK spouse
« Reply #1 on: January 20, 2021, 06:48:40 PM »
You can divorce either here or there. It absolutely doesn’t matter.

I’m so sorry. I’ve been through a divorce and lived to tell the tale.

It’s typically easier to divorce in the USA due to having to wait 2 years in the U.K. from separation but I believe they were/are changing that to make it easier/faster in the U.K. 

I hope things remain amicable.  Look after you!  Sending hugs!


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Re: Divorcing a UK spouse
« Reply #2 on: January 21, 2021, 12:41:16 PM »
You can divorce either here or there. It absolutely doesn’t matter.

I’m so sorry. I’ve been through a divorce and lived to tell the tale.

It’s typically easier to divorce in the USA due to having to wait 2 years in the U.K. from separation but I believe they were/are changing that to make it easier/faster in the U.K. 

I hope things remain amicable.  Look after you!  Sending hugs!

Thank you so much. You've always been incredibly helpful.


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Re: Divorcing a UK spouse
« Reply #3 on: January 22, 2021, 10:38:10 AM »
These are the present laws for being able to divorce in England and Wales, but at present it also requires a blame game for a divorce.
https://www.gov.uk/divorce

The new divorce laws KFdancer spoke about, appear to be starting later this year.
https://www.gov.uk/government/news/new-divorce-law-to-end-the-blame-game

Here is an article on that Owen v Own case, that seems to have stated the end in England and Wales, of the 50 year divorce laws.
https://www.lawsociety.org.uk/topics/family-and-children/owens-and-owens

You might also want to look at if it would be better financially for you to divorce in the US. Not nice to think about perhaps, but you need to be looking after yourself as there is no way of knowing how a divorce will go.
« Last Edit: January 22, 2021, 10:48:47 AM by Sirius »


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Re: Divorcing a UK spouse
« Reply #4 on: May 10, 2021, 09:01:24 AM »
Thank you, Sirius. That is very helpful.

Do y'all know if any divorce done in the UK will definitely be recognised in the US?


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Re: Divorcing a UK spouse
« Reply #5 on: May 10, 2021, 12:07:26 PM »
Thank you, Sirius. That is very helpful.

Do y'all know if any divorce done in the UK will definitely be recognised in the US?

Of course it will!

All legal marriages/divorces are recognised around the world. Only religious marriages/divorces aren’t recognised (anything without government papers).


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Re: Divorcing a UK spouse
« Reply #6 on: May 14, 2021, 10:19:47 AM »
Thank you so much.

You've made stressful situations that much easier.


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Re: Divorcing a UK spouse
« Reply #7 on: May 14, 2021, 10:52:56 PM »
Reminder, in most jurisdictions in the USA you will have to have been a resident for a certain amount of time before you can file for a divorce. You will want to check with the state to which you move to find out how long that period might be.


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