If I was married in Mexico but both my wife and I are currently live in the US, where do we file for divorce?

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If I was married in Mexico but both my wife and I are currently live in the US, where do we file for divorce?

We are both here without visas. Can we dissolve our marriage in the stae in which we live or do we have to request that from our state in Mexico? We have 3 children, all born in the US. We have been here for 14 years.

Asked on October 31, 2012 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your legal status here has nothing at all to do with your ability to obtain a divorce or to be deported, in case that is also in the back of your mind here.  You file in the state and county in which you reside and meet the residency requirements.  I would strongly suggest that you seek help to become citizens for the sake of the children who are citizens.  Good luck.


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