Divorce and Marriage Law
Mexico
Divorce

How can a person who is in the US 8 months as a tourist from Mexico get a divorce in the US if the spouse lives in Mexico?

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2011-09-13 04:24:18
2011-09-13 04:24:18

A person from Mexico that is currently here in the US and would like to get a divorce from a spouse in Mexico can file for a divorce. They must provide:name of spouse he/she would like to divorce still in Mexico, address, and provide information on how long applicant(person filing for the divorce in U.S.) has been in the U.S. with documentation like a ITIN, used for tax purpose and were the applicant works. Can be done without a lawyer, but the correct paper work has to be file and make an appointment to come in front of a judge.

AnswerHowever, if the person is a tourist and is not a legal resident of any US state, he/she cannot get divorced in the US.
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A person on a tourist visa would not be eligible to file for divorce in the United States. The person would need to return to Mexico to file for a divorce according to the established laws.

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Divorce law is governed by each individual state in the US. If a person meets the minimum residency requirement of their state (usually six months or so) they can go to court and request a divorce. Residency just means living in the state. It is not the same as citizenhip. A valid US divorce is valid in all parts of the US. Mexican law and treaties determine whether a US divorce decree is valid in Mexico. A certified transcript of the US divorce may have to be presented in Mexico to make it valid in Mexico. See: Illegal Alien Divorce for a more complete answer.

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Once a marriage is recognized by law in Mexico, someone has to clear with the Mexican authorities first before it can be dissolved. The person should file for the divorce in Mexico and not the USA.

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You would start the the divorce preceedings. If you know where the person lives in Mexico then you would send the papers to them via the mail with signature confirmation to prove that they were served. If the person does not respond within so many weeks or months then the divorce will still go through. If you do not know where they live then you can also post an ad in the newspaper looking for that person - this shows that you are attempting to locate the person, and if they still do not respond then the divorce with still go through. However, if the marriage was performed in Mexico, the divorce decree must have an official translation into Spanish, have an astillo issued by the Secretary of State in the state where you obtain the divorce, and MUST be "attached" to the marriage license at the Civil Registry in the state of Mexico where it was performed.

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There is no specific time a person must be separated before they can file divorce in Tennessee. A divorce can take up to 3 months or longer in the state.

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You would file for divorce at your local courthouse and serve the other party by publication (taking out an ad in a newspaper telling the other person about the divorce filing).

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Yes, you can obtain a divorce in the US. You will have to present the appropriate documents, perhaps with translations, but pretty much any attorney can handle it.

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The real question here is, did you register your divorce in Mexico with the US embassy or councilate? If you did then you may have just found yourself in a legal bind. If the marriage in Mexico was never registered in the US then you are probably in the clear. Check it out with a lawyer just to be on the safe side.

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no they cannot if they have served more than 6 months in jail

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A person is required to be a legal resident of Pennsylvania in order to file for divorce. To become a legal resident of Pennsylvania, a person must have lived there for at least 6 months.

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Usually a person files for divorce in their current resident state. If your Mexican marriage is recognized as legal by the U.S. then you will have to file in America if that is where you are living

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a domestic tourist is a person who travels in his/her country

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Yes. Recent immigration laws allow for any foreign national who has a US travel visa to also visit Mexico. Don't forget your passport.

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an Excursionist tourist is a person who goes on an excursion (trip)

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A tourist is a person. Tourism is the act of touring.

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No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.No. A person cannot marry again until they have obtained a divorce.

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When people get a divorce that does not place blame on either person is called no-fault divorce!

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someone becomes a tourist when they are settled in the climate that they travel to.

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There are many notable tourists destinations a person may visit while traveling in Mexico. Some places of interest include Mexico's many volcanoes, beaches, and villages. A person may also choose to visit temple ruins in Mexico. There are many Maya and Aztec ruins a person may visit.

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It is a person who is a foreigner (not a citizen) who tours a country not native to that person.tourist travelling to and between foreign countries

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Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.Neither. There is no value judgment associated with the person who files a complaint for divorce.

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The typical timeframe varies from 6 months to a year. You can, of course, always file for divorce in the state you were married in, even if neither spouse lives there anymore.

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the word tourist means a person on vacation to a state it does not live on. For example : When i went to Hawaii i was a tourist


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