Howdoyou divorce man who is not living in the US?

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Howdoyou divorce man who is not living in the US?

I am married to my kid’s dad and we are not leaving together. I am based in the USA and he is in Jamaica. I don’t want the marriage anymore and he does not seem to be cooperating. When I call he would not answer my calls. I need to move on with my life. What can I do?

Asked on July 14, 2010 under Family Law, Maryland

Answers:

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

Answered 11 years ago | Contributor

Yes, it is possible to divorce someone who lives outside the United States.  The main concern is that the court obtains "jurisdiction" or the right to decide the issue against him.  If he were cooperating he could sign an affidavit waiving his appearance.  But since he is not you will have to make sure that he has proper "notice" of the proceedings. How you will have to do so may have to be decided by the court. Generally you serve a party with the paperwork personally or otherwise by state statute. You may have to try that before another method can be used.  Speak with an attorney on the matter. And Also be aware that although you may be legally divorced the court may not, in the same proceeding, choose to decide distribution of property or issues relating to the children without him actually present. Good luck. 


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