Can my husband file for divorce while I am overseas?
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Can my husband file for divorce while I am overseas?
I am a US resident of MN and I have held a green card since 06/06. While I was on vacation in my home country of Lebanon with my 2 kids, I have discovered that my husband has been in contact with other women and he has been unfaithful. When I informed him about my discovery he admitted to it and tried to apologize. However I decided to cut any contact with him until he comes here and we meet with a counselor to discuss our issues (and possibly decide to file for divorce in case we didn’t come to an agreement). It’s been 2 weeks and I haven’t heard back from him. I am very worried about my situation. Can he accuse me of kidnapping the kids? Can the US embassy in Beirut take the kids from me?
Asked on April 30, 2011 under Family Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am very worried for you. Is your husband a US Citizen? You did not mention that. In answer to your question your husband would have to serve you with papers to have a court gain jurisdiction over you to obtain a divorce. Service can be substituted service - like publishing in a newspaper - and that takes time to do. The party requesting to do that has to try and serve you personally first but if the circumstances warrant it then the court can order it. I am worried not about the divorce but about the issue you raised: his claim that you have kidnapped the kids. If he gave permission he can not claim that but he could lie and say that he did not. Please contact an attorney in the states (in Minnesota) and discuss what you should do. At this point I can understand that you are upset but you are holding the kids hostage from your husband by extending your vacation and demanding that he come there to iron things out. His actions in your marriage are unacceptable here and in Lebanon but that fact remains that you are going to have to address them in either place. But there is a much bigger picture here. Good luck.
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