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Filed: Timeline
Posted

So here's my situation:

I'm a US citizen and I got married in 2007 in Honduras to a Honduran citizen. My (ex) husband told me that since I have not had physical contact/seen each other for 2+ years (he's over in Honduras and I'm here in the US), that Honduras law states that we are no longer married. I would also like to know how I can go about changing my last name back to my maiden name.

Has anyone been in this situation before? What did you do? Advice? Technically, since I still have my married name I guess that would mean that I'm "married" here in the US, correct? Thanks for any advice/help!

Also: I spoke with a place in Honduras called the Registro Civil and I was told that either I have to personally go to Honduras to sign divorce papers OR if I find a lawyer, he or she has to go to Honduras to file the papers for me.

This is very stressful and I've heard that it is over a thousand dollars to file for a divorce with Honduran lawyers.

Could someone please help me and lead me in the right direction?

Thank you!

Filed: Citizen (apr) Country: Guatemala
Timeline
Posted

There is no such thing as being "automatically divorced" due to lack of contact per se. The lack of contact for more than 2 years, could be a reason to file for a non-contested divorce (divorcio de mutuo acuerdo in spanish), but you still need to file and go through the process, for your marriage to be declared disolved by a judge. You need to get in contact with a lawyer in Honduras, there is really no choice there even if it is expensive. You do not want to risk to have a second marriage anulled due to you still being legally married to your first husband.

Did you have any kids or mutual property on that first marriage? If you didn't that could simplify things and make the divorce process a lot easier.

Good luck!

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Filed: Timeline
Posted
There is no such thing as being "automatically divorced" due to lack of contact per se. The lack of contact for more than 2 years, could be a reason to file for a non-contested divorce (divorcio de mutuo acuerdo in spanish), but you still need to file and go through the process, for your marriage to be declared disolved by a judge. You need to get in contact with a lawyer in Honduras, there is really no choice there even if it is expensive. You do not want to risk to have a second marriage anulled due to you still being legally married to your first husband.

Did you have any kids or mutual property on that first marriage? If you didn't that could simplify things and make the divorce process a lot easier.

Good luck!

Thank you for your reply! No, thankfully we did not have any kids or mutual property. It will most likely be a simple divorce process, just wish that HE would put some money in or help in some way, since it IS a mutual divorce!

Well thank you again for your help! :)

 
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