Under what circumstances can a foreign citizen obtain a divorce on U.S. land?

In general, if you and your spouse are both living in the U.S., a foreign citizen can obtain a divorce on U.S. land under the same circumstances that a citizen could obtain one.  A divorce must be filed in the American state with proper jurisdiction over the case, usually the state where the parties reside.  If you are a foreign citizen who has just come to the U.S., hoping to obtain a divorce, you may run into some problems. 

Each state has its own laws outlining the circumstances under which its divorce courts gain jurisdiction, or the power to grant a divorce to a given individual.  There is usually a requirement that at least one of the parties have been a resident of that state for a certain period of time (six months is quite common, but laws vary).  In some situations, a state may exercise jurisdiction to grant a foreign citizen a limited divorce, one that ends the marriage but does not adjudicate issues of property ownership.  The court may lack power to enter a judgment affecting property owned in another country, unless both spouses are present in the court action.  Child custody and support are also sensitive areas – removing a child from one country to another or even from one state to another to interfere with another parent’s custody rights can be a serious crime under both federal law and international convention.  On the other hand, states will seek to enforce child support on behalf of almost any child legally found within their borders. 

Finally, if you are a foreign citizen who intends to seek permanent resident status in the U.S. based on your marriage to a U.S. citizen, current federal law requires you to remain married to the citizen for a minimum period of time to avoid the presumption of a sham marriage.  A foreign citizen should consult a divorce attorney or matrimonial attorney familiar with immigration law and international divorce law before deciding to initiate a divorce on U.S. land.