I just received an email from my father who informed me that my uncle
is attempting to divorce my aunt in Nevada without her consent.  The
marriage occured in Guam about ten to twelve years ago, and they are
now both residents of a foreign country.  I understand that my uncle
is now in Nevada and is possibly seeking a divorce.  My family would
like to know if this is possible?  Since the marriage occured in a US
Territory, and the primary residence is now in a foreign country
(Philippines), will Nevada grant the divorce without notification? 
Will they have to involve the laws of the country they now reside in? 
Will Nevada send the notification to a foreign country? If notified,
will my aunt be required to travel to Nevada to contest the divorce?
Neither of them have ever lived in Nevada or in the continental US for
that matter.  On a side note, there is a lot of money involved in this
marriage.  Although they have been (living) together almost thirty
years, their marriage has only been legal for no more than 12.  Does
she have a chance to be granted alimony or a portion of the money
created in the marriage?

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Request for Question Clarification by cynthia-ga on 01 Jun 2005 21:16 PDT

I lived in Nevada for 6 years, and was married there. When I married,
I read the laws concerning divorce requirements. Also, your uncle
could LIE in Nevada and obtain a divorce. I can describe how that can
be done. I can also provide links to official "State of Nevada" pages
concerning divorce. Would that be a satisfactory Answer?


~~Cynthia

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Clarification of Question by natnu-ga on 02 Jun 2005 20:25 PDT

Yes, that would be fine thanks.  Hopefully I will be able to find the
answers to all my questions on the link.

Thanks.

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Clarification of Question by natnu-ga on 02 Jun 2005 21:15 PDT

Before I forget, I just remembered that the petitioner is not a US
citizen and is in Nevada on a tourist visa.  Could he still file under
the US courts?

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Request for Question Clarification by cynthia-ga on 12 Jun 2005 01:01 PDT

The "not a US citizen" adds parameters I am unable to address... It's
very complex.  There is a residency requirement, but there are also
law firms offering ways to get a quicky divorce without one.  I think
it can be done (on paper), but if the wife has funds, and contested it
later, the divorce may be found to be invalid.

Sorry I can't be of more assistance, hopefully someone else will come
along and take up your cause.

~~Cynthia

Here's the deal.  Nevada has jurisdiction under United States law to
enact the divorce.  Under Federal Full Faith and Credit standards, a
state need only have personal jurisdiction (that is, put simply
judicial power) over one of the parties to a marriage in order to
sever it.  It doesn't matter in what state or country it was
celebrated, or what citizenship, nationality, height or color the
parties are.  So if your uncle satisfies the Nevada requirements (a
very short residency period), and Nevada has Personal Jurisdiction
over him (which it does, because HE is making the filing) he can get a
domestically enforceable divorce.

BUT, in the US we have what's called "divisible divorce."  Full faith
and credit would require any state (or territory) to recognize the
divorce decree, but the Nevada court needs personal jurisdiction over
BOTH parties to divide up the property.  Since your aunt doesn't live
in Nevada and isn't going there soon, the Nevada court won't divide up
the property.  In a purely domestic matter, your uncle would take the
judgment back to Pennsylvania or wherever, and the court there would
recognize the judgment (even if the divorce would be unattainable
under PA law), and divide up property.

So what does this mean?  At best, your uncle has a decree of divorce
valid in the United States.  But that does not mean, by any means,
that the Phillipines (the only country, according to your example,
capable of exercising personal jurisdiction over your aunt in order to
divide up property), will recognize it.   It is purely a matter of
Phillipine law, and they are not bound by US notions of full faith and
credit.  The web seems to think that it will not be recognized, unless
your uncle is not a Phillipino
(www.asiatour.com/philippines/e-02trav/ep-tra10_e.htm).  Again, it is
a matter of Phillipine, not US law, and I have no idea what goes on
over there.