Expert: Equality in Marriage Institute - 1/25/2006

Question
Hello, I met my fiance about a year ago and she came here to Virginia to live with me from her home country Canada. She is over-stayed now and if she goes back now she will get barred from re-entering the U.S. for years. Her husband has filed for the divorce in Canada 8 months ago. Thats as far as it has gone so far. Is there any way to go about getting the divorce from here in the states? That would be great!!! If so how complicated is that to accomplish? She is extremely important to me and this needs to happen. Please advise if you can.  Thank you very much, Stan  

Answer
Dear Stan,

It is my understanding that one can only file for divorce in the state/ country in which you reside. As your fiancee is not a legal resident of the U.S. she would not be able to file here.

Visit http://www.justice.gc.ca/en/dept/pub/divorce/ for more info on divorce in Canada.

You could also speak with both a Canadian lawyer (over the phone or internet)  or a U.S. lawyer about options.

I hope this was of some help.