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History: Home UK Divorce Forum
Am I eligible to file in the UK? (2 Posts)
Started By:
25 October, 2009 01:11PM
Am I eligible to file in the UK?
Anonymous - 25 October, 2009 01:11PM
Hi everyone!

I am an American graduate student currently studying in London. I live in London with my husband. We've only been here about a month, and my graduate program ends late 2010. After just 1 1/2 of marriage, I would like a divorce. I am unhappy in my relationship, and our lives have drifted in two different directions. I find that I am confused about where I am going to have to apply for this divorce. My permanent address is in KY. But they only accept cases for people physically living in KY. As I am in London, I am not physically living in KY and am ineligible to file for divorce there. Am I eligible to file for divorce in the UK since this is my current physical residence?

I worry about the timing of my divorce because I don't have plans to return to the US for a long period of time after I graduate. My goal is to find a job working in a developing country, so time-wise, it is best for me to get the divorce over with now than it would be to draw it out later. I can't go through a divorce while living in a remote village in the 3rd world. I am quite confused and have no idea what to do at this point. Any assistance would be greatly appreciated.
Re: Am I eligible to file in the UK?
davidterry - 26 October, 2009 09:17AM
In order to be able to issue a divorce petition in England you need to be either resident here for one year immediately preceding the issue of the divorce petition or you need to be domiciled here. You are not domiciled here because you are American. And you do not satisfy the residence requirement because you have only lived here for a month. You would need to live here for another 11 months before you can issue a divorce petition here.

You do not say what nationality your husband is. If he is British then you could issue a divorce petition now based on his British domicile. But you do say ‘we’ have only been here a month so I guess he is American too. In that case you do have another 11 months to wait before you can issue here. Hope this helps.
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