Legal Question in Family Law in Oregon

Can a Resident Alien of U.S. file for divorce at local courthouse?

Resident alien lives and works in Oregon. Wife returned to England in 1998 separated since. Both parties want divorce-no real property. Children both grown-in England with Mom. Can this be filed in Oregon and served in England? Or must it be filed in England where the marriage was originated?


Asked on 10/31/06, 6:55 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Can a Resident Alien of U.S. file for divorce at local courthouse?

QUESTION:

Resident alien lives and works in Oregon. Wife returned to England in 1998 separated since. Both parties want divorce-no real property. Children both grown-in England with Mom. Can this be filed in Oregon and served in England? Or must it be filed in England where the marriage was originated?

ANSWER:

The divorce proceeding can be filed in Oregon so long as one party has resided in this state continuously for six months prior to the filing of the divorce petition. The fact that the other party resides in England presents no legal problem so long as that party is personally served with the legal papers (or voluntarily accepts service, thereby making use of a process server unnecessary).

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 11/01/06, 4:14 am


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