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my problem

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28 Mar 08 #17860 by Who
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don't know if this is in the right place or not but mods can move it if they want

well my problem is i was married in the UK to a yank who has now moved back to the states with my child plus another one that i have not seen or so she claims as she was sleeping with someone else at the time
so i don't know if I'm the father or not of her claim second child (if she had one)
now due to this messing my head up big time I've moved away from the UK and had limited contact with her though email
where she has asked for a divorce but needs to know my new home address which I'm reluctant to give her can she divorce me with out my address plus what country's laws apply for this divorce UK or USA ?

sorry if I'm rambling

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02 Apr 08 #18408 by Who
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so no one knows then ?

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02 Apr 08 #18426 by mike62
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Who,

In order to initiate divorce in this country, at least one party has to be domiciled here. I do not about the divorce laws in the states and I believe they vary State by State. Although I do understand that an American court can dissolve a UK marriage.

I take it that your wife is driving the divorce? You are not currently in the UK?

You could give a UK address for service of the divorce papers - perhaps family / friend.

This is from the Wikivorce Step by Step guide to divorce:

1) Where to petition (i.e. in which jurisdiction, England and Wales? and which local county court).
This is a fairly straightforward decision for most, but for people who are from different countries and were married or have recently lived abroad it may not be so clear cut. In very general terms the English courts have jurisdiction to grant a divorce if either spouse:

(a) is domiciled in England or Wales when the proceedings are begun, or

(b) is habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.

The most obvious category of people who have an English domicile (and who are thus able to obtain a divorce in England) are those who are working for the time being overseas and this can apply to either or both partners. Notice that only one or other spouse needs to be "domiciled" here (or habitually resident ) in order for either to be able to lodge a divorce petition in the English courts. The other spouse can be of any nationality, habitually resident anywhere or domiciled anywhere.

One can live overseas for a very long time without necessarily losing one's English domicile. This is because one can live overseas with the express intention of returning to England at some time in the future. If that is the case one's English domicile is not lost because one happens to be overseas. In fact, intention plays a very important role in deciding where one has one's domicile and it is quite difficult to prove a person's intention one way or the other. In practice, if one is British it is quite easy to petition for divorce here although one happens to be living overseas. And it is not usually necessary to return to the UK in order to be able to do so.


Hope this helps,

Mike

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