You already know that people do not have to get divorced in the same state where they got married in the United States. Though different states have different divorce laws — so where you file is important — you don’t have to travel back to the state where you tied the knot if you have since moved and you want to get divorced.
For you, though, the question goes a bit deeper. You actually got married in another country and then immigrated to the United States. Can you get divorced here, or do you need to go back home so that you can use the divorce courts in your home country?
The good news is that you can get divorced in the United States. As long as you had a valid marriage wherever you did decide to get married, it still applies in the U.S., and you still have the legal right to divorce here, just as if you had married here. Again, the divorce laws in the state will govern how the process plays out, not those from your home country, but you do not need to leave just to get divorced.
That said, this type of divorce can raise a lot of questions. Do you own assets in the other country? Is one of you going to move there after the split? What does this mean for your child custody situation? How can you prove that the marriage was valid? What do you do if it was not?
There are many questions to ask, and you need to make sure you are well aware of the legal options you have when getting divorced.