Monday, April 27, 2015

I was married in cook county, Il. My wife, a native of the UK who has moved back to the UK, is filing for divorce in the UK. Do I have to fi...

Question

I was married in cook county, Il. My wife, a native of the UK who has moved back to the UK, is filing for divorce in the UK. Do I have to file for divorce in Cook County to dissolve this marriage union? Will her court filings (if I don't contest) be recognized here in the states?



Answer

She can do whatever she wants but the UK courts MAY not have jurisdiction over you or the marriage and if she got a UK divorce without proper jurisdiction and then tried to have it enforced in a US court, the US court MAY not recognize the UK divorce. On the other hand, IF you and she had a marital residence in Cook County you can file here for sure, and if she does not appear you will still have to "prove up" your case but it would be enforceable here. Additional facts could change these answers.



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