Is it possible that a husband can file and get divorce, if his wife is out of US?

UPDATED: Sep 12, 2011

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Is it possible that a husband can file and get divorce, if his wife is out of US?

Husband is in WA state?

Asked on September 12, 2011 under Family Law, Washington


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

Answered 11 years ago | Contributor

Yes, he can file for divorce as long as he meets the residency requirements of the state of Washington.  That gives the court jurisdiction over him, which means it allows the court to make a decision regarding him in some way.  Now, the court also needs jurisdiction over you in order to be able to make a decision that effects you and the marriage.  The problem will be serving you personally.  But many states allow substituted service of the papers involved in these type of matters.  If you think that your husband has indeed gone through with a divorce and you have never been served I would either have a friend check in the county courthouse for a suit filed with your names on it or maybe you can check on line (many states and counties have on line access for cases filed).  Good luck.

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 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.

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