Can son seek divorce inthe USif his spouse lives in Canada?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption