Can son seek divorce inthe USif his spouse lives in Canada?
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Can son seek divorce inthe USif his spouse lives in Canada?
Son was married in Canada in 7/07. Moved back to states, IA, in 3/09 for work. Seeking divorce, both are in agreement. Does he have to divorce in Canada? They were married in Canada, she continues to live there.
Asked on October 5, 2010 under Family Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As long as he is a legal resident of IA he can file there. Contrary to popular misconception, you do not have to file in the state/county where you were married. In IA, those petitioning for Dissolution of Marriage must live in the state for a minimum of 1 year before filing that petition in the District Court. Since he moved back in 03/09, he has established himself as a legal resident of the state.
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