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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If I am living in Florida on an 'e2' visa.(I am the primary

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If I am living in Florida on an 'e2' visa.(I am the primary holder of the visa and my ex holds a work permit as my spouse), as a British resident am I able to divorce my husband from the Uk or do I have to do it from the state I am living in?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
We have been separated for almost 18 months but he still works at the business that my daughter and I own. I hope to 'extricate' him from the business separately once we can come to an agreement, but keep the divorce separate if possible. I need to move on with my life and it is difficult to do so with him being around all of the time. He was the one who left for someone much younger than me!!!
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat links do you still have with the UK?
Customer: replied 1 year ago.
We have a mailing address
Driving licenses national security numbers. We no longer pay taxes there as we pay them in Florida. I have bank accounts and an endowment pensions etc. I go home regularly as my parents are still alive and of course we have other family there. Cell phone account still open. What else would you need as I am not sure I have answered correctly.
Expert:  Clare replied 1 year ago.
Will your husband agree to a divorce happening in the UK or is he likely to oppose it?
Customer: replied 1 year ago.
I am pretty sure that he will object t anything I propse at the moment. Our visas in the USA are as follows; I am the primary on our E2 visa and my daughter is the other. Andrew is here on a work permit as my spouse. He will not want to divorce until he is good and ready or has decided to marry the young lady he ran off with eighteen months ago.This will enable him to get his green card. We used to work together in the UK, and have done so for over 25 years..When we moved to America he wanted nothing more to do with the type of business we are in and wanted to start his own business, something he would have had time for. However, now that circumstances have changed he has not done what he planned. He is technically an employee of the business my daughter and I own but comes and goes when e feels like it, works a lot on his own business buying and selling antiques and takes a lot of time off to go to antique fairs etc while still getting paid. He has little to do with the actually running of the business at all but has now decided he wants his cut so makes life as difficult as possible. I am trying to keep divorce and business separate. On the one hand I need divorce so that I can get some closure and move on with my life on a personal level, (there is no-one else involved at this time), my daughter and I want to continue to keep the business going as it is the only means of keeping our visa until we get our green cards.I believe my husband sees things differently and just thinks he can take his cut when he is ready...There has never been any issue with him getting his share WHEN we sell the business but it not what we want to do for the foreseeable future. I am looking to divorce in the UK as the laws may be different there as far as the business is concerned. I cannot afford to buy him out at this time as it would take up all of my savings. Ideally I would like to divorce him and pay him incrementally, his share, so that it would get him away from the business altogether as he is quite a destructive, negative force that creates an atmosphere for everyone to work in. Not only that he is taking a wage, getting free storage for his items and a free rental space to sell them. This could be extra income for the business which it does need as we are still trying to build it up, plus the fact that someone who really needs a job could use this money and work properly for us. At the moment the business more or less carries him. It has been this way for around 18 months now, I have tried to keep things going to try and balance out the negativity in the hopes that he would respect that but unfortunately he is making matters worse almost every day. My staff feel like they are carrying him as he is hardly there when needed to help with heavy stuff and quite frankly works when he feels like it. He spends a lot of time spent football too during working hours. He just gets aggressive if he is approached about these matters, therefore I need to start to get thing on a more permanent footing for my own sanity and the continual improvement of the business.My daughter is beyond frustrated with him and she also feels that his negativity towards the business is not helping matters....Gosh, I've gone on a bit but that's the situation in a nutshell. Please advise.
Expert:  Clare replied 1 year ago.
Do you ever intend to return to live in the Uk?
Customer: replied 1 year ago.
it would always be an option I would want to have . If we sold the business I think we would need yo although I have no plans to do so at this time.
Expert:  Clare replied 1 year ago.
It is technically possible to obtain a divorce in the UK even if you are living in the US - you can argue that the UK is still your Domicile which would allow it.HOWEVER if your ex is likely to object then I will be honest and say I think that the courts will reject it since it is clear that you are fully committed to your life in the States.In addition if there is going to be a lengthy argument regarding assets then the costs involved would be prohibitive.You can read more herehttp://www.alternativefamilylaw.co.uk/en/international/expat-divorce-forum-shopping.htmlI hope that this is of assistance please ask ifyou need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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