Pole küll otseselt reisimisega seotud küsimus, aga äkki keegi oskab nõu anda. Nimelt elasin kunagi 7a USA-s ja abiellusin, nüüd olen 2a Eestis elanud, roheline kaart on aegunud, abikaasaga kontakt puudub. Küsimus oleks, kas keegi oskab soovitada, mismoodi peaksin toimima, et lahutust saada. Ameerika saatkond nõu anda ei osanud. Üks võimalus, kuna nüüd on ju viisavaba, oleks ise kohale minna ja avaldus sisse anda, aga uurisin netist, et TN osariigis, kus elasin, on peale lahutuse sisseandmist 30-päevane nn. järelemõtlemisperiood ja alles siis alustatakse lahutusega. Kuna töö ja igapäevaelu Eestis hetkel, siis läheks keeruliseks mitu kuud USAs kohapeal viibida. Ootaks nõuandeid, kes lahutanud või sarnases olukorras olnud. Tänud ette!
Üldiselt osariigiti seadused erinevad. Soovitan Internetist vastavat teemat otsida...
http://divorcesupport.about.com/od/statedivorcelaws/a/Tenn_Laws.htm
RESIDENCY REQUIREMENTS AND WHERE TO FILE: The plaintiff must be a resident of this state, or if the grounds for divorce occurred outside of the state, either the party must have resided in the state for 6 months preceding the filing of the complaint. Military personal must be a resident of the state for at least one year prior to filing. The petition must be filed in the chancery or circuit court in the county where the parties reside at the time of their separation, or in either the country where the defendant resides, or where the applicant resides. [Based on Tennessee Code - Title 36, Sections 36-4-104 and 36-4-105]
LEGAL GROUNDS FOR DIVORCE: The following are causes of divorce from the bonds of matrimony:
Irreconcilable differences between the parties. A two year period of separation, without cohabitation, if there are no minor children involved. Impotence. Bigamy. Adultery. Willful desertion for one whole year. Conviction of an infamous crime, or sentenced to confinement in a penitentiary for a felony. Cruel or inhuman treatment that makes cohabitation unsafe. Attempting to take the life of the other. Refusal to move to this state, and being willfully absent from the spouse residing in Tennessee for two years. The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband. Habitual drunkenness or drug abuse after the marriage. Indignities that render the spouse's position intolerable, and force the spouse to withdraw. Abandonment and refusal to provide for the spouse while having the ability to do so. [Based on Tennessee Code - Title 36, Sections 36-4-101]
LEGAL SEPARATION: The grounds to file a complaint for a legal separation are the same as for a divorce. The court can address matters such as child custody, visitation, support and property issues during legal separation upon motion by either party or by agreement of the parties. The court has the power to grant an absolute divorce to either party if there has been an order of legal separation for more than two years, the parties have not reconciled, and a petition is filed by either party for an absolute divorce. [Based on Tennessee Code - Title 36, Sections 36-4-102]
Tundub, et TN osariigis lahutust sisse anda, tuleks 6 kuud seal elada.
http://www.divorcenet.com/states/tennessee/tn_faq04
If I moved out of the marital home to another state, where do I file? You must be a resident within Tennessee for six months to file for divorce here. You may file in the county in which you or your spouse lives. If you have moved from another state recently, discuss your options with your attorney. You may have to file in Tennessee. This is an important decision.
Enough with your fancy legal words - where do I file? Most likely in the county where you last lived together. If neither of you are still living in that county, you probably can file in the county where either you or your spouse live. Check with the court clerk.
How long do I have to live in Tennessee before I can get a divorce here? Generally speaking, you have to be domiciled in Tennessee at least six months.
Are there any exceptions? Maybe, if you are the victim of abuse or there is some other emergency reason. You may be able to file immediately.
What if my spouse lives in another state? That makes your case more complicated. There may be good reasons you have not considered to file in Tennessee or the other state. Definitely check with an attorney.
What kinds of complications? If the court in Tennessee does not have jurisdiction, you may be wasting your time and money. First, you need to "serve" divorce papers on your spouse out of state. "Serving papers" means giving official notice.
How do I serve papers? By asking the court here to serve papers in any one of a couple of ways intended to give your spouse actual notice of the divorce.
For example? A sheriff or a process server in your spouse's home state may serve process. Sometimes you may also send copies by certified mail to your spouse's residence or, if you don't know where your spouse is, publish a legal notice in a newspaper selected by the court.
I can manage that. But is it expensive? That depends on how much the local sheriff or private process server charges, but usually fees are under $75. Publishing a legal notice can be expensive. Depending on the newspaper, you can spend $100 or more.
What happens if my spouse and I agree on everything? Do we still need a lawyer? Technically, no. Practically, yes. An experienced family lawyer will still need to draft your agreement to make sure everything is done correctly. A divorce is a lawsuit. Remember, there is no such thing as a standard divorce. There are so many issues to be considered that it is best if you have a lawyer with an ethical duty to explain things and represent only your best interests. Very few lawyers will represent both parties because of the potential for a conflict of interest.