CanI file for divorce in the US ifI have been deported and am currently living in Mexico?
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CanI file for divorce in the US ifI have been deported and am currently living in Mexico?
I want to file for divorce in NM. I have been married for 7 years but seperated for 6. We have no kids, no property. I was deported 2 years ago.
Asked on August 5, 2011 New Mexico
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately you can not file for divorce in the United States if you are not a resident of the United States. All states require that you be a resident for generally 8 months before you can file,in the courts there. You are not a resident of any state in the United States. You need to look in to obtaining a divorce under the laws in Mexico. If the divorce is legal there then it will be recognized as legal here in the Untied States. If your ex is agreeable he or she cn file in the US and you can file papers acknowledging service and waiving the filing of an answer. Good luck to you.
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