Legal Question in Family Law in Michigan
CAN YOU GET A RECOGNIZED DIVORCE FROM A FOREIGN COUNTRY IF YOU GOT MARRIED IN THAT COUNTRY, BUT HAVE LIVED IN THE USA?
We got married in Ukraine a bit more than 5 years ago, and, 8 months after, moved to the USA per Green Card we won. Is it legal to get a divorce from the same country (Ukraine) since we got married there and still are citizens of the same country? Or the USA Law obligates us to get the divorce here, in Michigan, where we've lived for the past 4.5 years as residents only? We are getting separated in less than 3 weeks and have already agreed on how our property and finances should be splitted.
1 Answer from Attorneys
The correct venue where to file for divorce in your case is not Ukraine, unless one of you is residing there. As you are residing both in USA you shall get divorced in the jurisdiction (county where you live) where you are residing at this time. Or, as it appears that you are both in consent to get divorce, you can file for a fast mutual consent divorce in the Dominican Republic.
A special provision of the Dominican Republic Divorce Law (142) allows foreign citizens, not living in the Dominican Republic, who are both in consent, to obtain a fast divorce in the Dominican Republic without any residency requirement, waiting periods or classes. The Dominican divorce if done with due process is valid in US and worldwide and you can get divorced in less than 3 weeks.
The mandatory requirements for you to qualify are:
you and your spouse must be both in consent to file for divorce;
both must sign the necessary documents in the jurisdiction where you live; and
at least one of you, must fly to appear before the Judge on the day of the divorce hearing.
You can read more about the Dominican Fast Divorce by Mutual Consent at:
The Embassy of the United States on Divorce by mutual consent for US citizens (scroll the page to the bottom):
http://santodomingo.usembassy.gov/divorce_dr_mc.html
The Fastest Way to Divorce Worldwide:
http://www.dfastdivorce.com
The U.S. Department of State on divorces overseas;
http://travel.state.gov/law/info/marriage/marriage_641.html
The Dominican Republic Embassy in Washington, D.C.
http://www.domrep.org/divorce.html