Friday, August 5, 2011

HOW CAN A PERSON DIVORCE A FOREIGN SPOUSE?

QUESTION: My boyfriend would like to divorce a woman he married 14 years ago. They lived together briefly in CA while she was visiting here from Sweden. Right after they married, she accused him of abuse, which caused a lot of legal problems for him, and somehow secured her green card status, even though they never lived together after that. They had no contact since then. Apparently, they may still be married. She may also have returned to Sweden - we found her Facebook page. We would like to find out if she already divorced him, or, if not, how he can divorce her in the simplest way. Thanks.

MY RESPONSE:

Had she divorced him, he undoubtedly would have had to have been served with her divorce case.

He should try (or have a private investigator try) to locate her in Sweden, and find out her residence address, and ask if she will agree to accept service by mail and return a dated and signed Notice and Acknowledgment of Receipt.

If she agrees and complies with her agreement, service will be simple, and your boyfriend can proceed to get a divorce.

If she either doesn't agree, or doesn't return a dated and signed Notice and Acknowledgment of Receipt, service will have to be done in accordance with the requirements of the Hague Convention re Service of Process, in order to proceed with the divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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