Divorce is never simple or easy, but it can be especially complicated when a spouse living in the United States wants to divorce their partner who lives in a different country. The process isn’t impossible, but if you’re in this situation, it’s important for you to do your due diligence so you can understand the unique legal and logistical challenges you’re going to face.
The first thing you’ll need to do is to determine jurisdiction. Courts generally require that at least one spouse meet their residency requirements before they can accept a divorce case. If you’re filing in the state or country where you currently live, and you can prove that you meet local residency rules, there’s generally no problem with moving forward with the process, even if your spouse lives overseas.
Of course, that doesn’t mean that things will be easy. You’ll still need to address the problem of service of process. Divorce law requires that your spouse be officially notified of your filing, and if they live abroad, this usually requires international service of documents. If the country where your spouse lives is part of a treaty like the Hague Service Convention, it will simplify this process. If not, you’ll probably need to rely on local legal procedures or get help from the U.S. State Department.
Once your spouse has been legally served with your divorce papers, the process can move forward in the same way as any other divorce, though some issues can be a lot more complicated. These include:
- Division of property – The courts in your home country may not have authority over real estate or assets that are located overseas.
- Child custody and support – International custody disputes can be very challenging, as they involve both local and foreign family laws.
- Enforcement of orders – Even if a U.S. court issues a ruling, enforcing it in another country may require additional legal steps.
Using an attorney to handle your divorce is always a good idea, but it’s especially important when your divorce involves the type of complications that are involved with an international case. For help, contact our experienced family law attorneys today.