Legal Question in International Law in Virginia

South african aupair wants a divorce

My friend is a South African.Worked as an Aupair in American and got married to get citizenship to an American in 2001 and flew back to her country 2 monhts after the marraige.She has realized her mistake and wish to get a divorce ASAP.

She has not spoken to her husband since 2001 but have communicated via email once,he's not interested in getting a divorce,binding her, which she probably deserves :-).

What can she do to get a divorce ASAP?

How can she start the process without physically being in the US?

The marraige took place in Virginia or Maryland,I'm not perfectly sure but hope this will help,I'm doing this for a friend.

Thanks you so much for offering free legal advice.

Kind regards


Asked on 10/08/04, 5:11 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: South african aupair wants a divorce

From your description of the facts, the marriage would clearly appear to be violative of American federal and, probably, state law as well, and therefore, subject to annulment or some other action voiding the transaction.

However, merely because this apparently illegal marriage took place in the U.S. doesn't mean that the divorce(or even annulment) must necessarily occur here also. Your friend should be able to initiate divorce(or annulment) proceedings against her reluctant partner in the U.S. from her country of current residence and, assuming that she can comply with all of the notice as well as other procedural requirements mandated under South African divorce law, she should be able to acquire a valid divorce under that country's law which for her purposes of continued residence in South Africa(or even some other country other than the U.S.)should be sufficently binding and complete.

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Answered on 10/15/04, 2:59 pm


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