Filing For Divorce? What To Do When Your Spouse Lives In A Foreign Country

If you're trying to divorce someone who lives in another country, you may find yourself facing a major headache. Divorce is hard enough when you live in the same country. The process becomes even more difficult when a foreign country is involved. Before you file for divorce, ensure that you're taking the right steps to avoid mistakes. Here are four things you need to do if your spouse lives in a foreign country.

Hire the Right Divorce Attorney

If your spouse is a foreign national and they've returned to their country of origin, you need to hire the right attorney. Your divorce attorney will be processing paperwork through the foreign country. That means they should have experience with foreign divorce. If you've been proceeding without legal representation up to this point, contact a divorce attorney as soon as possible. Foreign divorces need hands-on legal help.

Meet Your Own Residency Requirement

If you plan to file for divorce, you need to meet your own residency requirements. This is true for out-of-country divorces as well. To do that, you must identify and meet the residency requirements for the state where you live. Most states need you to live there for several months before you can claim residency. If you're not sure what your residency requirements are, speak to your attorney. That way, you know you've met the residency requirements

Ensure Proper Service of Paperwork

If you plan to file for divorce, you need to ensure proper service of the paperwork, even if your spouse lives in another country. One way to avoid problems with service is to get your spouse to waive service. That way, you don't need to worry about the process. If your spouse won't waive service, you need to work with a government agency to ensure proper service.

Publish the Final Divorce Proceedings

Once the divorce is finalized, you need to ensure proper notification. If you plan to use mail service for the final documents, you should also publish the proceedings. To do that, contact a local newspaper in your spouse's country of record. They will publish the final divorce record for you.

Don't take chances with your foreign divorce. If your spouse is now living in their home country, the information provided here will help you avoid problems with your divorce. For questions and concerns about foreign divorces, be sure to speak to a divorce attorney near you.