Can you divorce in the US if you were married overseas?

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Can you divorce in the US if you were married overseas?

My spouse and I were married in Germany 28 years ago; we now both want to divorce. She is still a German citizen and she has told me that we need to divorce in there as the German consulate has told her she needs to. My question is do I need to as well or can it be done here in TX and without a lawyer if it is a amicable split of all assets?

Asked on August 29, 2010 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have lived in a particular U.S. State for a certain amount of time based on that state's law, you have become a resident of that state.  If you are a U.S. citizen and your wife also has U.S. citizenship, it makes no difference. You can divorce in the U.S.  Texas law states if one spouse has lived in Texas for the last six months, the spouse domiciled in another nation may file suit in the county in which the Texas spouse resides. Further, one of you must have been a domiciliary of the State of Texas for the last six months in order for one of you to file for divorce in that state.  I don't see a requirement you must file for divorce in Germany.  A valid marriage in any other state or country is almost always recognized in other U.S. states. 


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