7 Steps to Getting Divorced Abroad

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.

1) Find your spouse’s current address.

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.

2) Determine your state’s long-arm statute.

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.

3) Hire an attorney to draft an original petition for divorce.

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.

4) Hire an attorney to issue a summons or complaint (depending on the state).

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.

5) Provide your attorney with the English translation of your certified marriage certificate if it is printed in any other language.

Use a translator who can provide you with an affidavit certifying the accuracy of the translation.

6) If the country in which you were married requires, prepare a translation of the original petition and summons into the language of the foreign jurisdiction in which you were married.

7) If your spouse files an answer, the state court will move forward with divorce proceedings.

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.

Additional Tips & Warnings

• Sometimes, foreign jurisdictions will not acknowledge a US divorce. 
• U.S. courts have no jurisdiction to enforce a divorce decree that disposes of property located abroad or custody agreements governing possession and access to a child living abroad. 
• If your spouse lives in a country that is not a member of the Hague Service Convention, it may be more difficult to serve them. If the Hague Service Convention does not apply, you should refer to local law

If you have more questions in regards to filing divorce abroad, contact a licensed attorney today.