Filing for divorce can be stressful, especially if one spouse files abroad. Here’s what to know about filing for divorce abroad.
Filing for divorce overseas is possible. One should begin by contacting the US Embassy or Consulate in their country (or spouse’s country) of residence and serving divorce papers to their spouse. The local court of law determines a foreign divorce decree’s jurisdiction and validity.
How do I File for Divorce Overseas?
The filing spouse must abide by local law to file for divorce overseas. The filing spouse should contact the U.S. Embassy or Consulate to receive legal help from attorneys in their country of residence.
The U.S. accepts foreign divorce decrees as long as the country in question ensures specific procedural requirements are met (such as proper notice to the parties involved). However, the filing spouse should contact their state’s Attorney General to ensure that the foreign divorce decree is recognized and valid.
Related: How to File for Divorce in California
The Validity of a Foreign Divorce Decree
A U.S. court is likely to accept a foreign divorce decree and legally pronounce the marriage as terminated but may not cover all aspects of the divorce. For example, a divorcing couple may have a property in the U.S., but the foreign court has virtually no power to decide how to divide it.
When the Filing Spouse Lives in the U.S.
If one spouse lives overseas while the other lives in the U.S., a spouse can still file for divorce. If the filing spouse lives in the U.S., they should file a petition that meets their local and state law requirements. The filing spouse must copy the divorce petition and a (personally delivered) summons to the other spouse.
If the non-filing spouse agrees to waive the process requirements, they must sign an affidavit stating they were served divorce papers and file an affidavit to the local court.
If the non-filing spouse refuses service, the divorce process can get complicated, especially when following the laws of the non-filing spouse’s country of residency. The filing spouse can serve divorce papers in some nations by letter request or a “Letters Rogatory.” Other nations require an agent to serve the papers personally to the other spouse.
Related: How to Serve Divorce Papers in California
Having an attorney both in the U.S. and in the other spouse’s country of residence can ensure the services are being handled correctly on both ends. The court is more likely to gain jurisdiction and the ability to issue orders to the spouse if the divorce proceeding has other orders regarding the custody of children and property. Part of determining jurisdiction includes the spouse’s connections to the state.
Related: Uncontested Divorce Attorneys in California
Divorce in the Military Overseas
The U.S. military has its separate laws, codes, and processes governing divorce-related matters, making military divorce more complicated than a regular civilian divorce. The filing spouse should contact a lawyer with experience in military divorce to ensure the divorce goes as smoothly as possible.
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If you or a loved one would like to know more about filing a divorce abroad, get your free consultation with one of our divorce attorneys today!