Apr
30

Can I Get Divorced in the United States and Minnesota?

A common question we hear during our initial divorce consultations is, “Can I divorce my spouse here in the U.S. if we were married in another country?”  The answer is "Yes." 

In Minnesota, a party seeking to divorce his spouse must have at least six months of residency in Minnesota before commencing a divorce proceeding.  The important point is that it does not matter if the other spouse resides outside of Minnesota, or even outside of the United States.  What is important is that the other spouse receives proper notice.  The spouse petitioning for divorce must ensure that he or...

Apr
9

Divorce: Does it Terminate Affidavits of Support?

Family law attorneys understand that a divorce permanently dissolves the bonds of matrimony between two spouses, making them two single individuals free to go on their separate ways, once the court has entered the judgment and decree.  However, contrary to popular belief, divorce does not terminate a very important financial contract, if one of them is a foreign national who obtained lawful permanent residency through the marriage.  That contract is the Affidavit of Support, U.S. Citizenship and Immigration Services Form I-864, governed by the Immigration and Nationality Act, Section...