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 Filing divorce for a presumed-deceased foreign spouse
 
 7/8/2008 2:39:21 PM
Brianm
1 posts


Filing divorce for a presumed-deceased foreign spouse
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In 1994 I married a Mexican national who was working in the US under a tourist visa.  However, it was determined that the marriage was not legal, because she had never finalized her divorce in Mexico, 7 years prior.  She returned to Mexico and waited the obligatory 9 months, before being able to complete her divorce.  Once that was accomplished, I flew to Mexico, where we married in the church, and returned to the US after our honeymoon.  While entering the US, Immigration officials postponed her inspection, because -- as it turns out -- being married in the church in Mexico doesn't carry the same legal weight it does here.  During the waiting period, we obtained a marriage license and tied the knot again -- with the same judge.

In 1996, she contracted an unusual illness.  Following an unsuccessful course of treatment here, she took her doctors' advice and returned to Mexico where she could receive more 'progressive' treatments.  We were able to stay in close contact for several months, but one week she stopped cashing checks I sent, or calling me at our arranged times.  Attempts to contact her through her family met with silence.  With an already dismal prognosis, and lacking the fiscal wherewithal to investigate in person, I could only presume the worst.

Now, years later, I'm prepared to marry again.  But -- how do I obtain closure for my previous marriage, when I have no idea where she was living (since her family picked her up from the airport), or how any official paperwork would have been filed?  There are no children, no realty, no assets (beyond her clothes, which I donated to an abused women's shelter after several years)... I have no idea where to begin.  Do I file for divorce?  If so, can I file here, even though she was not a legal resident?  Any help offered would be tremendous, as my present fiancee (can I call her that?) has her mind set on a date this fall . . .

  Procedural Matters - Motions, Hearings, Trials, Filing Details  General Divorce Procedure Discussions  Filing divorce ...

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