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.
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.
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.
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.
If the person who is filing for divorce has resided in Texas for at least 6 months, then yes, they can be divorced in Texas. If they have resided in Texas for less than 6 months, then they have to file in the state they are a legal resident of. If the person residing in Texas is not the petitioner of the divorce, then they can be divorced as long as the petitioner has filed in the state that THEY are a legal resident of.
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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