Can I divorce Overseas if We Married Overseas?

[Et_Tu 0]

I am a US Citizen and married to an Egyptian national. We married in Cairo Egypt almost 2 years ago and he arrived in the us on a Conditional Permanent Residency CR1 this past year.

This relationship is not working out and the law in NC requires 1 year separation before I can file. I want to know if there is any way that I can get a divorce back in Egypt since it was the country we married in or must I divorce in NC. I know I am being hasty but I really really just want to get this whole marriage behind me as quickly as possible and I know it works so much faster in Egypt. Is it even a possibility to do this and be able to have it recognized in the US?

[NigeriaorBust 4,087]

You can divorce anywhere you are qualified to. Most places have some residency requirements to file in their district. Google quickie divorce. I think Guam is the current hot spot for these.

[aaron2020 11,651]

I am a US Citizen and married to an Egyptian national. We married in Cairo Egypt almost 2 years ago and he arrived in the us on a Conditional Permanent Residency CR1 this past year.

This relationship is not working out and the law in NC requires 1 year separation before I can file. I want to know if there is any way that I can get a divorce back in Egypt since it was the country we married in or must I divorce in NC. I know I am being hasty but I really really just want to get this whole marriage behind me as quickly as possible and I know it works so much faster in Egypt. Is it even a possibility to do this and be able to have it recognized in the US?

Nope.

You are both residents of NC, so you must comply with NC law. You must divorce in NC.

If you file outside of NC, the court will not have jurisdiction over a person in NC.

A divorce in a jurisdiction that has no power over your husband will be invalid for lack of jurisdiction.

Edited February 3, 2013 by aaron2020

[aaron2020 11,651]

You can divorce anywhere you are qualified to. Most places have some residency requirements to file in their district. Google quickie divorce. I think Guam is the current hot spot for these.

Not going to work.

Guam has no jurisdiction over a person not in Guam or a resident of Guam.

Read up on "lack of jurisdiction." In particular, read up on lack of personal jurisdiction.

[Ihavequestions 419]

You have to do it where you live and have residency.

You don't want to try and divorce in Egypt. It's quick and easy for men, but it can take years for a woman.

[NigeriaorBust 4,087]

Not going to work.

Guam has no jurisdiction over a person not in Guam or a resident of Guam.

Read up on "lack of jurisdiction." In particular, read up on lack of personal jurisdiction.

Read up on requirements of residency In Guam for an uncontested divorce it is 7 days.

[aaron2020 11,651]

Read up on requirements of residency In Guam for an uncontested divorce it is 7 days.

What do you think the chances are that two people from NC will travel half way around the world to Guam, both establish residency, file for a divorce, and wait for it to be final before heading back to establish their residency in NC again?

Why would the husband willingly go along with this? What if he rather drag this out so he can get some benefit? What about the expense? And ultimately, is this even practical?

Maybe the should establish residency in a country where a husband could divorce his wife legally by saying "I divorce you" three times.

Your advice is completely impractical.

Edited February 4, 2013 by aaron2020

[NigeriaorBust 4,087]

The OP didn't say that money was an issue, they just asked for methods for a rapid divorce and actually Guam only requires one person to meet the residency requirements. Guam has the advantage over other quicky locations of being a US territory so the divorce is recognised all over the US.

[aaron2020 11,651]

The OP didn't say that money was an issue, they just asked for methods for a rapid divorce and actually Guam only requires one person to meet the residency requirements. Guam has the advantage over other quicky locations of being a US territory so the divorce is recognised all over the US.

Super. Wife gets Guam residency and files for divorce.

Now how does a court in Guam get personal jurisdiction over a non-Guam resident who refuses to voluntarily submit to its jurisdiction?

Do do understand that a local court only has personal jurisdiction over its residents and those in its territory right? The local court has no power over a non-resident outside its jurisdiction.

You seem to satisfy yourself with Guam can get her a divorce without addressing the personal jurisdiction issue.

I suggest you educate yourself on how courts in the US work by using Google to look up "lack of personal jurisdiction." You obviously have not done your research on this critical aspect of the poor advice you are giving.

[SAT 9,609]

Super. Wife gets Guam residency and files for divorce.

Now how does a court in Guam get personal jurisdiction over a non-Guam resident who refuses to voluntarily submit to its jurisdiction?

Do do understand that a local court only has personal jurisdiction over its residents and those in its territory right? The local court has no power over a non-resident outside its jurisdiction.

You seem to satisfy yourself with Guam can get her a divorce without addressing the personal jurisdiction issue.

I suggest you educate yourself on how courts in the US work by using Google to look up "lack of personal jurisdiction." You obviously have not done your research on this critical aspect of the poor advice you are giving.

This thread has almost become comical lol...

The OP can look towards a more practical means. Nevada is both the Marriage capital and divorce capital of America.

You guys are right tho, when you say that that state/ country's courts must have jurisdiction over the the filer(s). But it's pretty easy to establish residency in Nevada.

Even easier in the DR where you can get a superquick residency and divorce. (I have a friend that went that route).

Still, the OP seems to be in an awful hurry...I don't know how much time he can save by these other routes.

Going to Egypt just to get a divorce that may or may not even be valid in NC is not a practical solution. The only reason you should go to Egypt is to visit your Mummy...

And going to Guam is even more far fetched...

Edited February 4, 2013 by SteveAndTiff

[NigeriaorBust 4,087]

Mexico used to be the quick divoce place to go but it is no longer accepted in many states. As to the other party not accepting justidiction it really doesn't matter. If I live in California and move to Nevada long enough to be a resident I can sue for divorce no matter what my ex to be feels about the Nevada court system. Nevada upped the residency requirement to 6 weeks years ago making it a bit less attractive. The problem with using the Dominican Republic is that it isn't usually recognised unless both parties go and sign the papers.

[aaron2020 11,651]

Mexico used to be the quick divoce place to go but it is no longer accepted in many states. As to the other party not accepting justidiction it really doesn't matter. If I live in California and move to Nevada long enough to be a resident I can sue for divorce no matter what my ex to be feels about the Nevada court system. Nevada upped the residency requirement to 6 weeks years ago making it a bit less attractive. The problem with using the Dominican Republic is that it isn't usually recognised unless both parties go and sign the papers.

Wrong.

In your Guam example, it is unreasonable to expect the husband to participate in divorce proceedings in Guam. He's never been there. He lives half way around the world.

This is my last post to you because this discussion is not helping the OP.

Go read up on lack of personal jurisdiction. A first year law student with two weeks of Civil Procedures can educate you on the lack of personal jurisdiction.

Maybe I should sue you for $1,000,000 in the most remote court in the US. When you don show up, I will win by default and get the order recognized in your state. NOT - lack of personal jurisdiction over you.

[SAT 9,609]

And if you think this is a pain in the butt, wait til the issue arises when Gay couples that were married in a state where gay marriage is recognized.....then moved to a state that doesn't recognize gay marriages....then try to get a divorce there...

And in Nigeria's defense, I think he is trying to imply that wherever the OP gets a divorce, he must meet the domicile and residency requirements...

[hikergirl 277]

Going to Egypt just to get a divorce that may or may not even be valid in NC is not a practical solution. The only reason you should go to Egypt is to visit your Mummy...

[NigeriaorBust 4,087]

Wrong.

In your Guam example, it is unreasonable to expect the husband to participate in divorce proceedings in Guam. He's never been there. He lives half way around the world.

This is my last post to you because this discussion is not helping the OP.

Go read up on lack of personal jurisdiction. A first year law student with two weeks of Civil Procedures can educate you on the lack of personal jurisdiction.

Maybe I should sue you for $1,000,000 in the most remote court in the US. When you don show up, I will win by default and get the order recognized in your state. NOT - lack of personal jurisdiction over you.

Guam is part of the US. Just like I could move by myself to Alaska and then file for divorce without my spouse ever living in Alaska I can file from any other place in the US. I don't have to live in the same jurisdiction as my spouse to divorce them.

In your rather silly incomplete example of suing me , assuming you have the grounds against me valid in your state and you properly notified me of the action against me ( a big step you left out to make yourself seem smarter) yes you could win a judgement against me even if I don't live in your state. You really have no clue about properly applying jurisdiction rules.