If you have married someone internationally and are trying to file for divorce, you’re in the right place. Let’s dive straight into the 7 steps of getting divorced abroad.
You will need to give your spouse personal notice that you are filing for divorce, even if they still live abroad. This may be challenging for individuals with spouses living in rural communities.
Long-arm statutes determine whether local courts can exercise personal jurisdiction over a spouse living in a foreign country. If the court cannot obtain personal jurisdiction through a long-arm statute, then the state lacks the power to divorce you against your spouse’s will.
This document must include the date and location of your marriage, you and your spouse’s current address, and grounds for divorce. Be sure to include any proposed property settlements or child custody arrangements if applicable. Ideally, you should hire a divorce attorney with experience in international divorces.
A summons/complaint must be served with the original petition and will notify your spouse of the divorce and give them information regarding any hearings currently set in that case.
Use a translator who can provide you with an affidavit certifying the accuracy of the translation.
If you properly served your foreign spouse and they fail to file a timely answer, you may be eligible to receive a default judgment. Don’t forget you also will need to give your spouse personal notice that you are filing for divorce, even if they still live abroad. This may be challenging for individuals with spouses living in rural communities.
If you have more questions in regards to filing divorce abroad, contact a licensed attorney today.
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