Can a Mexican divorce his American wife in Mexico?

[EddieOlSkool 0]

Hi all,

I am a Mexican citizen currently residing as a Legal US Resident in Illinois.

I married a US Citizen. However, I do want a divorce. This will be a no-fault divorce, HOWEVER, I was reading that IL law for no fault divorce states that one must be legally separated for at least 2 years before being divorced.

This sounds ridiculous to me. What a joke. How come Kim K and Kris Humphries got divorced after 72 days and I have to stay married for 2 more years before I can divorced?

So because of this, I was wondering if I could just go ahead and use my Mexican citizenship to obtain a divorce in Mexico from my American wife.

I know that for US Citizens, going to Mexico for divorce can be tricky since Mexico requires a few hoops to jump through.

But what about actual Mexicans wanting to divorce from Americans? Anyone know about this?

[aaron2020 11,651]

As a resident of Illinois, you must divorce there. You cannot file to divorce in another jurisdiction, even one where you hold citizenship.

I presume that your husband is also a resident of Illinois and is not a Mexican citizen. A Mexican court would not have jurisdiction over him. He is neither a Mexican citizen or a resident of Mexico. There is no way for a Mexican court to hear a divorce for a non-Mexican who is a non-resident.

The most convenient place for a divorce is the state where you are both residents. It's also where you must file.

You are totally mistaken that you must wait 2 years to file for a divorce. NO ONE IS FORCED TO BE MARRIED. It may take many months for your divorce to be finalized, but it does mean that you must wait 2 years to file.

Edited December 12, 2013 by aaron2020

[aaron2020 11,651]

Sorry about the gender mix up. You cannot divorce your US citizen wife who lives in the US in Mexico.

[florida4life 29]

Sorry you didn't read that correctly. If both parties wants the divorce its 6 months of seperation but you must do it in writing both of you. If just one party wants it you must have been seperate for a minimum of 2 years. You must be a residence for at 90 days.