回複:請教在美如何辦理離婚,昏是在國內結的

來源: scoopydoo 2005-01-30 19:40:29 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1777 bytes)
You are eligible to file divorce petition in the state where you reside if you have been lived there for more than 6 mo (may be 1yr in some states). According to your information, you may do it pro se, i.e. you represent yourself. You can go to your local family court to pick up relevant forms. Normally, you need to fill up some forms, financial states (one for each side), and a separation agreement (I assume your hu*****and agrees to divorce and you two have no disputes as to marital property or other issues). Many family courts provide legal services for those who wish to file a case pro se. You can get some basic info of how to prepare these documents from the court. You may even get an example of separation agreement. Then you submit all required documents to the court, which will assign you a pre-trial date. At the pre-trial, if you and your hu*****and have no disputes on any issue, the judge may approve your divorce petition and the separation agreement. Then you will wait for a certain period of time for the finalization of your divorce case (3 mo in some states). Then you are all done.

If your hu*****and doesn't want a divorce and doesn't collaborate with you, your divorce proceeding may take longer time. But eventually you will get a divorce. If this is the case, you may need to have a family lawyer to represent you in order to accelerate the whole process.

It would be better for you to get a divorce in a Chinse court if you and your hu*****and have common property in China. It would be hard for a US court to verify properties in China. In addition, even if the US court makes judgment favoring you as to your property in China, your hu*****and may get a divorce in a CHinese court with completely different term as to the property in China.
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