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

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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

Answers:

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

Answered 10 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.


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