Legal Question in Family Law in Virginia
I am a US citizen. I married an Indonesian woman in Indonesia and brought her to the US NOV 2007. She is not a US citizen. She returned to Indonesia AUG 2010. She wants a divorce. I live in Virginia and have lived here for over 10 years. Do I have to obtain a divorce in Indonesia or the US/Virginia? Someone suggested I check the Hague Convention, but it appears it applies to children. I have no biological children with my wife but she does have a child from a previous marriage.
1 Answer from Attorneys
You could obtain a divorce in Virginia if your spouse would be willing to cooperate with the no-fault divorce process and accept service of the paperwork in Indonesia in a manner which would satisfy the requirements of the Virginia court involved with the matter. (The provisions of the Hague Convention concerning the process of serving a non-cooperative person with a lawsuit in a foreign land would not be involved if she were to cooperate.)
Your wife could also initiate a divorce in Indonesia once she has met whatever
requirements may be involved for initaitng a divorce in that country (assuming
that you would also cooperate in whatever was required to validly complete the divorce process in her country).
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