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Topic: Divorce?  (Read 340 times)

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Divorce?
« on: January 09, 2022, 08:24:40 PM »
Hi - does anyone know how getting a divorce as an expat works? I’m on a skilled worker visa, not yet qualifying for ILR. Do I need to file in the US, UK or both?


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Re: Divorce?
« Reply #1 on: January 09, 2022, 10:13:32 PM »
Are you the sponsored person of the skilled worker visa?  Or a dependent?

If the main visa holder, your status in the U.K. is fine.

What is the nationality and status of your spouse? 

Divorce can be filed anywhere. Doesn’t have to be where you married. It’s much EASIER to divorce in the USA, but also someone usually needs to be a resident to divorce there.

Kids involved?

Big hugs. Be 100% sure the marriage is irreconcilable before you go too far down the line regarding visas, etc.


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Re: Divorce?
« Reply #2 on: January 09, 2022, 11:40:53 PM »
I am the main visa holder, and he is my dependent. We are both US citizens. He can get his own sponsorship through his employer I think, so that’s not the problem. It’s just whether we can get a divorce in the UK or if we have to go back to the US to do it


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Re: Divorce?
« Reply #3 on: January 10, 2022, 02:25:51 PM »
I am the main visa holder, and he is my dependent. We are both US citizens. He can get his own sponsorship through his employer I think, so that’s not the problem.
https://www.gov.uk/visas-when-you-separate-or-divorce

It’s just whether we can get a divorce in the UK or if we have to go back to the US to do it

https://www.gov.uk/divorce?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401


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Re: Divorce?
« Reply #4 on: January 14, 2022, 05:40:41 AM »
According that that, I think because I am not a permanent resident of the uk (been here less than 5 years) I wouldn’t qualify in the uk


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Re: Divorce?
« Reply #5 on: January 14, 2022, 09:19:38 AM »
According that that, I think because I am not a permanent resident of the uk (been here less than 5 years) I wouldn’t qualify in the uk

So, the UK has to be your permanent home, you do NOT need to have settled status.  It's actually a big difference.  Is your visa temporary (intracompany transfer) or will you qualify for settlement at the end of your 5 years?

The biggest thing is that it takes MUCH longer in the UK.  They are talking about eliminating the two year cooling off period, but it's not official yet.  Mainly depends if you are okay waiting two years before the divorce or if you want to knock it out quickly.  If quickly, I'd find the process in the state you are currently registered to vote in, and go from there.  Both here and there, everything can be done without attorneys if you choose.

Big hugs! 


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