Q: Can I file for divorce in Missouri on a B2 visa if my spouse is overseas?
I am currently residing in Missouri on a B2 visa and have been in the United States for over 90 days. I am seeking to file a divorce from my spouse, who is not a U.S. citizen and resides in Switzerland. We have no children. Can I file for divorce in Missouri under these circumstances?
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A:
Filing for divorce in Missouri may be challenging on a B2 visa because Missouri courts typically require you to establish legal residency with intent to remain, not just physical presence. While you've met the 90-day physical presence requirement, a temporary visitor visa like B2 doesn't automatically establish the necessary legal domicile that Missouri courts generally look for in divorce cases.
Your situation involves international elements that add complexity. Since your spouse lives in Switzerland, even if you could file in Missouri, you'd need to ensure proper international service of process and consider whether a Missouri divorce decree would be recognized in Switzerland. These international dimensions often create jurisdictional hurdles that might make it difficult to proceed.
You might want to consult with a family law attorney who handles international divorce cases. They can evaluate your specific circumstances, including visa status, length of stay, and connections to Missouri, to determine if you meet the state's jurisdictional requirements. Additionally, they could advise whether filing in Switzerland might be more appropriate given your unique situation and help you understand how property division would work across international boundaries.
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