QUESTION
If two F1 students marry in the US and get it officially documented in the US, what country law applies to their marriage?
Asked on Nov 13th, 2012 on Divorce - Colorado
More details to this question:
If two F1 students marry here in the US and get it officially documented in the US but not in their own country, what law s apply to their marriage as long as they're in the US? Imagine if they want to get divorced in the US before they leave, will US laws apply to them? Like 50-50 share of belongings etc.? If they're from a country where the wife doesn't have the right to request a divorce, like in many Islamic countries, can she request for divorce as long as they're in the US?
4 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Talk to an immigration attorney
Answered on Apr 30th, 2013 at 11:50 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally as long as they are residents of the US they have a right to file a divorce in the state where they reside. The laws of their home country would not apply.. This is especially true if they were wed in the US.
Answered on Nov 19th, 2012 at 11:02 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If they've been in the state 6 months and the county for 3, they can file in CA and take advantage of CA laws.
Answered on Nov 16th, 2012 at 2:40 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Simple answer is that the law of the place where the divorce occurs is what controls. Place of marriage is totally irrelevant to anything. Generally, the only place where a divorce can occur will be place where they are living at time somebody decides to pursue a divorce. If they separate and move to different states or countries, the question of what law controls the divorce may become complicated and can't be answered until it is a real question - not hypothetical.
Answered on Nov 15th, 2012 at 5:28 AM