If my husband filed for divorce in Germany, can I file for divorce in theUS as well?

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If my husband filed for divorce in Germany, can I file for divorce in theUS as well?

I am a German citizen with a L-2 visa. My husband is also German; he has a L-1 Visa. We have 2 children (6 and 9). He filed for divorce in Germany this week. We have a pending green card process. We came here with his company’s assignment 4 years ago. We were married for 10 years and are separated for 2 years now. I want the alimony and child support to be calculated under our state’s law (where we have a home).

Asked on March 6, 2012 under Family Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your husband are residents of a particular state in the United States and wish to file for a marital dissolution, it is best that and legally proper to file for this proceeding in the county and state in the United States since this is where you are residing with him and your children.

As such, there is nothing prohibiting you from filing for a marital dissolution in the United States.


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