Divorce Q&A : Spouses living in the US and other countries

Here is an Anon question from an online forum.

What happens to my assets if I have a green card and I divorce my foreign wife that is living abroad and is doing the spouse green card process?

First the basics: The nationality of you and your spouse is unclear. You say that you have a green card (and have a foreign passport) and your “foreign wife that is living abroad and is doing the spouse green card process” I assume this means she is NOT living in America with you and is still living in her native country.

Divorce is an unfortunate reality of modern times and is especially hard when spouses are of different nationalities.

Divorce laws in the US vary across the country since each state has its own regulations and processes. Generally people residing a state - even foreign nationals legally resident there - can file for divorce in that state.

For instance, if you live in Colorado, you will be governed by the laws of that state. You and your spouse will file for a divorce petition in a court in Colorado. In your case, I am not sure under which jurisdiction the divorce will be granted since your spouse lives abroad.

The jurisdiction of filing divorce will dictate the process of asset-division and settlement.
Rather than troll for an answer in a forum like this, you should consult with a good attorney. All the best! 


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