Divorcing Foreign Spouse that lives Abroad.

[IcezMan_IcezLady 582]

Asking for a colleague at work.

He got married to a Ghanaian lady living in Ghana. He has found numerous evidence of infidelity. He wants to divorce his wife and halt the immigration process. He only has NOA1 for CR-1 process. My colleague lives in MD and needs help in how to accomplish this either in Ghana or in his home state. My colleague is certain that he wants to end this marriage.

My colleague really needs advice from anyone who has divorced a foreign spouse that lives abroad or any advice in general.

Thank you guys!

[NigeriaorBust 4,087]

 If he knows her address he can file in his state per state laws and find a way to have her served there.  IF not he can researching filing by public posting in his state. 

[milimelo 4,487]

Write to listed address on NOA1 to withdraw his petition. Any reason is accepted, he doesn't have to be divorced to withdraw the petition. 

[IcezMan_IcezLady 582]

2 hours ago, NigeriaorBust said:

 If he knows her address he can file in his state per state laws and find a way to have her served there.  IF not he can researching filing by public posting in his state. 

He knows her address but the reliability of mail services in Ghana is poor. So he is concerned that she may not receive the notice.

[neilsqueen 433]

I found this information online.  Maybe it can help.  It probably applies even though the spouse has never been in the states. 

 

If you are married to a non-U.S. citizen and want to get divorced, you can even if your spouse is no longer in the United States. The divorce process itself is the same as it is to divorce a U.S. resident; however, the rules to serve your spouse with notice of the divorce proceedings are different.

 

Step 1

Go to the U.S. Department of State website and read the rules for service of process in foreign countries. The rules for different countries are different depending if a country has entered into a treaty to which the United States is a party. Generally, for service to be valid in a U.S. court, it must be valid in the country in which you are serving your spouse. Different countries have different rules. You may be able to serve by mail, by a designated foreign agent or by publication depending on the country.

Step 2

Fill out your divorce petition to include your name and address, your spouse's name and his address if you know it, when and where you were married, why the court has jurisdiction, your legal grounds for divorce, and a prayer for relief -- a request to the court for specific remedies that is normally written in the concluding paragraph of a petition or motion. Different states require different items in divorce petitions. Read the rules for your state.

Step 3

File the petition with the clerk of the court and get a file-stamped copy.

Step 4

Serve the file-stamped copy on your spouse according to the rules for service of process in your state and in the foreign country. The rest of the divorce process is the same as it would be for divorcing a U.S. resident. However, it may take longer. If your spouse does not return to the United States to appear in court, the judge may grant you a default judgment of divorce.

[Eric-Pris 1,606]

Your friend does not need to, nor should he go back to, Ghana.  If she were to find out that the jig is up, who knows what she may do.

 

Tell him to get a divorce lawyer in his state and the lawyer should know what to do and how to serve her.

 

Boy is she gonna be pissed.