Legal Question in Family Law in Indiana

Abandoned and living overseas

I am and American working for the military living overseas. My husband and were married in a foreign country that neither of us were residents of, but working there. He left and went back to his country 9 years ago.I will never see him again. Since I have not resided in the states I can't get a divorce there. What can I do so I can marry again? Is there an abandonment clause somewhere? Neither of us live in the country we were married in.


Asked on 1/29/01, 6:50 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Abandoned and living overseas

Many states have authority for a person who is in the military to obtain a divorce from the state where he enlisted. I assume you are not a member of the military but a civilian employee and would not qualify under such a statute. If you file a tax return in a particular state, you might be considered a resident of that state regardless of your "temporary" assignment elsewhere for employment purposes. Otherwise, you are a resident of the place where you presently reside and should be able to take advantage of the laws for dissolution of marriage or divorce in that location.

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Answered on 3/12/01, 9:46 am


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