Permanent Resident Wife Left Country - Need Divorce

[Scafidi454 22]

How do we file for a divorce now that my estranged wife is back in her home country?

[Tom_Jim 40]

You'd be the plaintiff and you would send the divorce papers to her in Russia. Research your state's divorce laws as states before doing so.

http://divorcesupport.about.com/od/usstatedivorcelaws/a/illinois_laws.htm

[Darth Vader Ku 16]

You'd be the plaintiff and you would send the divorce papers to her in Russia. Research your state's divorce laws as states before doing so.

http://divorcesupport.about.com/od/usstatedivorcelaws/a/illinois_laws.htm

Would the plaintiff even need to send divorce papers to Russia if he could prove abandonment here and have it adjudicated unilaterally? The divorce courts of the United States do not have jurisdiction outside US borders and I cannot imagine a situation where this would be a required (or even effective!) initial step.

Of course, I have no legal training, but anecdotally, I think the Original Poster is best served by beginning the process to demonstrate abandonment of his estranged spouse.

[Scafidi454 22]

I'm making her do the divorce filing, etc. I'm not going to go into it, but how would she do it from Moscow? I thought I read that she could file at her embassy, but maybe not...

P.S. I've only got an old Nokia phone to do all of this on, and I'm in a work-release program. So, I have limited resources.

[Scafidi454 22]

And I'm going to do a simplified divorce.

[Tom_Jim 40]

Would the plaintiff even need to send divorce papers to Russia if he could prove abandonment here and have it adjudicated unilaterally? The divorce courts of the United States do not have jurisdiction outside US borders and I cannot imagine a situation where this would be a required (or even effective!) initial step.

Of course, I have no legal training, but anecdotally, I think the Original Poster is best served by beginning the process to demonstrate abandonment of his estranged spouse.

Good point. To be honest, I am only speaking from my own experience. I am the beneficiary and I was in Manila when my ex-wife sent me the divorce papers that had a deadline. We were both cooperative and we wanted to make it as smooth as possible.

[Darth Vader Ku 16]

Good point. To be honest, I am only speaking from my own experience. I am the beneficiary and I was in Manila when my ex-wife sent me the divorce papers that had a deadline. We were both cooperative and we wanted to make it as smooth as possible.

You're right, of course. If there are open lines of communication, and mutual co-operation from both parties, then, what your ex-wife did to you and what the Original Poster wants his estranged wife to initiate from Russia, would be preferred solutions to the arduous task of proving abandonment.

[Scafidi454 22]

My only question is how does she do it from Russia.

[Darth Vader Ku 16]

My only question is how does she do it from Russia.

No idea. Not a lawyer.

You seem reluctant to get involved, but it seems like you're going to have to.

My advice:

- visit your county courthouse

- obtain paperwork for a divorce under reconciliable differences

- courier a copy to your estranged wife in Russia

- include evidence that this divorce is being entered into by mutual consent by both parties

- have her fill out the paperwork and, along with the evidence mentioned above, proceed to a United States consular post in Russia

- direct her to have the competent authority at the United States consular post in Russia notarise and otherwise "vouch" for the documents, and then have them couriered back

- rinse and repeat (there is going, in all ikelihood, tobe a volley of paerwork and back-and-forth mailings!) until all is completed

- expect the process to run for a year

Not a lawyer. All the above is quoted on common-sense, intelligent guesswork.

Sorte!

Edited March 21, 2014 by Darth Vader Ku

[Scafidi454 22]

I assumed this much. Thanks for the...comments.

[rylforever 18]

If she needs to know how to file from her country Why doesn't she just go to the embassy and ask? Another option I see is she could hire a local attorney here in your jurisdiction and have them prepare documents for her to sign and then they file. In Georgia if its uncontested you can file for a motion on the pleadings where in most cases neither party needs to appear for final hearing and you receive the final decree in the mail, however each state varies.

[Ontarkie 14,221]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from US Citizenship General Discussion~~

[Boiler 45,486]

If she is divorcing and is in Russia then it would be handled by the Russian Courts.

What have the US courts to do with this?

[arnav 10]

http://www.ehow.com/how_4812547_divorce-spouse-who-africa.html

I hope this help you.

[Noura_914 47]

I divorced my exhusband (a Colombian citizen living in Colombia at the time) and I'm from NY. What I did was I went to the county courthouse, got my papers, filed my intent to get a divorce. I brought (although you can send them if you trust her to actually sign the papers) the divorce papers to Colombia and we went to the American Embassy in Bogota to have them notarized (they must be notarized by a US notary.) Then i brought the papers home, filed them and a few months later we were officially divorced.

I knew my ex would not voluntarily and willingly go to the embassy alone so I had to escort him there, however, it seems your ex is willing so you can just send her the papers. The court had told me that I could have claimed abandonment and that I didnt know where he was, that would have required notices in the papers for 30 days and references saying that I tried to find him and couldn't, then they would have divorced me then as well.

Best thing to do is to go to the law library at your county courthouse and talk to someone there..but in NY it was fairly simple...but if you're doing this alone (without a lawyer) I STRONGLY suggest you talk to someone at the law library to make sure all your t's are crossed.