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lucky138

divorce advice needed

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lucky138

Here is my deal.  I am in Cebu and have been for 8 months and hope to be here for along time.  My Filipina wife (who just became an American citizen) is in US with no plans to come back here.  We have been married for over 6 years.  We both agree time for a divorce.  I think that since there is no property being argued over that I can do this online.  I can at least fill out all the forms and get them sent to her.  So should I divorce her from here or should she divorce me from there??   Which would present the least problems in your opinion.  I thought I could fill out the forms and then take them to the Consulate at the Waterfront Hotel for notarization and then send them via mail to her.  No children involved and no property that will be disputed.  Any help at all appreciated.  

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sugbu777

Lawyer up....and go back to the States and do it properly.

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Davaoeno
1 hour ago, lucky138 said:

  My Filipina wife (who just became an American citizen) is in US with no plans to come back here. 

What state is she residing in ?  Residency requirements change from state to state.   

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Salty Dog

At $50 per notarized item, it can get pretty expensive at the consulate. 

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Davaoeno

just get a local  USA divorce through an online company - IF you qualify .  [ thats where residency comes into the equation ]

start here ! 

http://www.instantonlinedivorce.com/nevada-online-divorce-lp1.php?campid=&creaid=204923977423&sitenm=&catego=&keywrd=%2Bdivorce+procedures+in+%2Bnevada&device=&mtchtp=b&netwrk=g&dvctyp=c&sxid=1im04g590duu

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Chris24

I'm not a lawyer but I worked at a divorce law firm for ten years.  It's probably simpler to do it from the U.S. (lots more divorces there, rules and process that will be more familiar to you, and better access to court documents if you need them years from now).  If it's truly an uncontested divorce without children, a competent lawyer should be able to do it for around $1,500 depending on the filing fees in that state.   Every state is different, but to use Arizona as an example, either husband or wife can file as long as one of them has been domiciled in AZ for six months or longer.  i.e. you can be the one to file for divorce there if she has lived there for six months (she can also file for divorce there).

To save money, you can both use the same attorney, that is called a mediated divorce.  The attorney does not represent either one of you nor do they takes sides, they just use what you tell them you have agreed to, file any required documents,  draft the consent decree, advise you both on the process and otherwise get the divorce done for you.  A good lawyer will ask you both questions to make sure the decree is complete and addresses any issues that might put you back in court later if left unaddressed in the decree.    I suggest that you go this route with an experienced divorce attorney, and if you're in a position to choose the attorney, that you be the one to choose.  At a minimum I suggest that you each pay half of the attorney fees so that the lawyer is less inclined to become confused as to protecting one party's interest over the other's.

None of the above is legal advice, only procedural suggestions on how to choose a lawyer and start a divorce.  

 

Edit:  If you want to go the truly cheap route, you might find a Certified Document Preparer familiar with the divorce process in your wife's state of residence.  That will be a paralegal familiar with the process and able to draft the consent decree and get everything done.  Charges should run around $500-$600 plus court filing fees.  Best to make sure they have done lots of divorces. 

Edited by Chris24
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Davaoeno

  Most jurisdictions these days have things set up so that an untrained person can easily follow the necessary procedure and fill in the papers - especially in an uncontested divorce.  Just follow the link that I posted

If as is the case here the matter is uncontested then i doubt very much that it is necessary to involve an attorney .  And for the person who wants the divorce to try and get $750 out of the other party many times ends in no divorce happening.

 

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Davaoeno
Residency Requirements for a Nevada Divorce
  • Residency Requirements: At least one of the parties in a Nevada divorce must have resided in Nevada for a minimum of six-weeks before filing a divorce.
  • The Court requires proof of your residency in the form of an Affidavit of Resident Witness.
5 hours ago, lucky138 said:

So should I divorce her from here

there is no divorce in the Philippines 

Edited by Davaoeno

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Davaoeno

After the papers are filed with the court it normally takes 3-4 days for an uncontested Nevada divorce where both parties are signing the papers. For a Complaint for divorce if the other party is personally served it normally takes 6 weeks.

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smokey

Agree better do from us do it from here sending her all papers is a real trust leap most women even if they dont admit it want to come out on top

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max111

The op did not say if the marriage was in the Philippines or USA, or registered in USA.

Difficult to believe this is so hard to achive?

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Jawny

Not too long ago there was a lengthy thread about the same process.  As I recall it was a woman wanting her partner to initiate the divorce while she was here and he a resident in the USA. A search should locate this and provide some useful hints.  

Edited by Jawny
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Soupeod

I did what Dav said and I was in the states, total cost via online filing in my state of residence $540 dollars. 

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billy
2 hours ago, soupeod said:

I did what Dav said and I was in the states, total cost via online filing in my state of residence $540 dollars. 

My divorces always cost over 150,000 i must be doing something wrong

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Davaoeno
16 minutes ago, billy said:

My divorces always cost over 150,000 i must be doing something wrong

Please don't make us spell it out for you !!!!  :rofl::rofl::rofl:

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