Wife has never been to the USA, married in the RP

North Carolina Divorce Law Divorce and Separation Answers
1

You might be able to get an annulment–how long have you been together? Did she refuse to come to the US with you?

2
quote:
[i]Originally posted by fatlilbeagle[/i] [br]You might be able to get an annulment--how long have you been together? Did she refuse to come to the US with you?

We have never been together, except after marriage, she told the Immagration that she still was with the father of her children and was just getting married to get a visa

bill

3

You are entitled to a divorce if you have been separated for one year. The immigration issue is not a factor.

She does not mail back the document. You will receive a document from the postal service indicating that she has been served.

I would always advise you to meet with an attorney to be sure you are not overlooking anything. You will likely spend a few hundred dollars for a consultation.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

4

I’m not an attorney but I would HIGHLY recommend you talk to an immigration attorney also to check into further legal obligations you may have. Because you are also dealing with immigration law too when you get a divorce from a non-US citizen. Because I remember from my first marriage I was married to a Brazilian Citizen. One thing I had to do for her to get her green card was sign a form for the requirement of support for her. Meaning if she were to file for well fare you could be responsible for a total of 10 years from the date the paper was signed. It

5

The fees for filing are $135 which goes to the court system. She does not need to agree to the divorce, she just needs to be served by certified mail or sheriff.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

6
quote:
[i]Originally posted by Lisa Angel[/i] [br] She does not need to agree to the divorce, she just needs to be served by certified mail or sheriff.

Lisa, My wife resides in the Philippines, I checked with the post office and there is no Certified mail to the Philippines, could I use Registered mail instead.

The post office also had recorded mail and this is what it states, “Recorded delivery is the international service equivalent of domestic certified mail.” but the Philippines is not one of the countries listed for this service.

7

I have a few questions. I am planning on doing the do-it-yourself divorce.

  1. Because she has never been to the USA, and has admitted to the Immigration she married me just to come to USA. I am thinking I should have no problem with getting a divorce.

  2. When I send her the cerified mail. How should she send it back, Is there a sample agreement form she can sign, agreeing to the divorce? Where does she mail the acceptance to?

  3. Is there any issues I need to be aware of, should I still hire an atorney just to look over the do-it-yourself docs I fill out, and how much may this cost.

thanks

bill