Q: Can I get divorced if my husband is in Mexico and can't come here and me and my kids just moved back to wa state ?
We have been living in Mexico for the last 3 years and just moved back to wa state due to domestic violence with my husband . My husband was deported and cannot enter the u.s. And will not sign the papers. Can I get divorced? Also we've been back for 2 months, will the court here accept my case?
A: The court will most likely accept your case if you meet the residency time limits for your state. As far as serving the other party in Mexico, treaties between the U.S. and individual countries or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” will govern service of process, it can be tricky and cost a bit more than simple service in the US, not doing it properly could give the other party rise to attack a judgment at a later date if he did not respond.
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