How to File an International Divorce?

If you and your spouse are filing for divorce in New Jersey, the process is fairly straightforward, particularly if you are pursuing a no-fault divorce based on irreconcilable differences. Even if you have certain complex issues that need to be resolved, like custody, child support, and spousal support, there are procedures in place that dictate how you and your spouse will reach a divorce agreement.

However, if one or both of you are living overseas, the divorce process can be a bit more complicated. You will need to navigate the legal system of the country where you and/or your spouse reside and comply with international laws. Contacting a lawyer who can help you minimize complications and negotiate the best possible settlement outcome is highly recommended.

Where Do I File for an International Divorce?

You could qualify for a divorce in more than one country depending on your specific circumstances. When deciding which county to file for divorce, it is a good idea to discuss the details of your divorce with a divorce lawyer who will explain some of the potential logistical complications associated with an international divorce.

Before proceeding with the divorce, there are a range of factors that you will need to consider, including the following:

• What each country’s requirements are regarding the grounds for divorce.
• Whether your prenuptial or postnuptial agreement is recognized in each country.
• The level of financial disclosure required in each jurisdiction.
• How custody, child support, and spousal support are determined in each country.
• What assets are involved and where they are located.
• The length of the divorce process in each country.
• How long the divorce process takes in each country.
• How long you need to be present during the divorce, and what other practicalities are associated with the divorce process in each country.
• How each country resolves a forum dispute.

How Do I Know If I Can Get Divorced in Another Country?

Two requirements must be met to determine whether you can obtain a divorce in another country, including the following:

• Your marriage must be legally recognized in the country where you are divorcing. In most cases, marriages that are legalized in other countries are automatically recognized in the United States. However, other countries do not necessarily recognize marriages that were legalized in this country. This is particularly true when it comes to same-sex marriages, which are not considered legal in Poland, Israel, and other countries around the world. Therefore, you may not get divorced in those countries if you are in a same-sex marriage or your marriage is not legally recognized for some other reason.
• You must meet the connection or residency requirements of the country in question. If you or your spouse are a “national” of the country, you may be permitted to get a divorce in that country. In some countries, you must be a “habitual resident,” meaning you live in that country regularly. In the United States, you or your spouse must be a resident at the time of filing, although different states have different residency requirements.

How Do I Proceed With an International Divorce if I Live in the United States?

If you meet your state’s residency requirements, the next step will be to prepare the necessary paperwork, including the divorce petition and any required affidavits. Once you have filed the completed documents with the appropriate local court, you will need to serve the divorce papers to your spouse and follow the legal process, including attending any hearings or proceedings if necessary. Delivering – or “serving” – the divorce petition, summons, and other documents to your spouse can be complicated if they live in another country. If required, an experienced divorce lawyer can assist you with this process and ensure the documents are delivered and translated to the local language.

To complete the divorce, all the documentation required by the court must be provided, including financial disclosures. Your divorce lawyer will negotiate on your behalf to reach agreements on issues like custody, spousal support, and the distribution of marital property. You must attend all court hearings and obtain a final divorce decree from the court once all of the issues are resolved. You must also comply with all post-divorce requirements.

What Is the Divorce Process if My Spouse and I Both Live Overseas?

It is crucial that you hire a divorce lawyer who has experience with international family law and is well-versed in the divorce laws of both countries involved. If you live in different countries, there may be aspects of the divorce process that are unique to that country, so it is in your best interest to seek legal advice from a divorce lawyer who is familiar with both country’s filing procedures, residency requirements, and any applicable international agreements or treaties.

How Do I File an International Divorce if My Spouse is in the Military?

If your spouse is on active duty in another country, you may be able to file for divorce. However, the Servicemembers Civil Relief Act (SCRA) protects the legal rights of active-duty service members during divorce proceedings. Your spouse will need to agree to the divorce by signing an affidavit of consent.

In addition, if your spouse is on active duty or will be returning from deployment within 90 days, they may request a stay for up to 90 days to avoid divorce proceedings and focus on their military responsibilities. Provided your spouse’s commander confirms that your spouse cannot take leave to appear in court, the divorce process cannot proceed until the stay is lifted.

The Freehold Divorce Lawyers at Lyons & Associates, P.C. Help Clients Navigate the International Divorce Process

If you and your spouse are getting a divorce and one or both of you live overseas, contact the Freehold divorce lawyers at Lyons & Associates, P.C. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Our offices are located in Somerville, Morristown, and Freehold, New Jersey, where we serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.

• Category: Divorce