Can I Get a Divorce if My Spouse Lives Abroad?

Divorcing a spouse who resides in another country can seem like an overwhelming process. While it is legally possible to obtain a divorce under these circumstances, the complexities of international divorce cases require careful planning and experienced legal guidance. Understanding jurisdictional requirements and potential obstacles is crucial to successfully dissolving your marriage.

Understanding Jurisdiction in International Divorce Cases

Jurisdiction is the legal authority of a court to hear and decide cases. For a U.S. court to proceed with your divorce, it must have jurisdiction over your case. This typically depends on residency requirements. Most states, including Indiana, require at least one spouse to have lived in the state for a minimum period (commonly six months) to file for divorce.

Importantly, the physical location of your spouse doesn’t prevent you from initiating a divorce in the U.S. as long as jurisdictional requirements are met. However, notifying your spouse about the proceedings is mandatory, which can become more complicated when they reside abroad. International treaties, such as the Hague Service Convention, may govern how legal documents are served in these cases.

Challenges in International Divorce

Several complications can arise in divorces involving a spouse living overseas. These include serving legal documents in a foreign country, differences in legal systems, dividing marital assets located internationally, and addressing custody or child support agreements across jurisdictions. 

Additionally, cultural and language barriers may complicate communication and legal processes.

How to Initiate a Divorce When Your Spouse Lives Abroad

Although international divorces are complex, taking the proper steps can simplify the process:

1. Hire an Experienced Attorney – Consulting with a family law attorney with experience in international cases is essential. They can help you understand the laws that apply to your situation, ensure all legal requirements are met, and advocate for you throughout the process.
2. Establish Residency and Jurisdiction – Confirm that you meet the state’s residency requirements to file for divorce. Your attorney will verify whether the court has jurisdiction over your case.
3. Serve Divorce Papers – Serving divorce papers to a spouse living abroad is a critical step. If the country where your spouse resides is a party to the Hague Service Convention, the documents must be delivered according to its provisions. Otherwise, alternative methods must be used, which can vary by country. Ensuring proper service is essential to avoid delays or jurisdictional challenges.
4. Gather Necessary Documentation – Collect financial records, marriage certificates, and any documentation that pertains to property, debts, or custody. If relevant, compile evidence demonstrating that international service attempts have been completed thoroughly and legally.
5. Address Jurisdiction-Specific Laws -Division of assets, spousal support, or child custody issues may require navigating the laws of multiple countries. International law treaties such as the Hague Child Abduction Convention may impact custody decisions if children are involved.

How Villarrubia & Rosenberger, P.C. Can Help

Navigating the complexities of an international divorce can feel daunting, but our team at Villarrubia & Rosenberger, P.C. is here to help. With over 25 years of experience in family law, we provide compassionate, client-centered representation tailored to your unique case. Our firm offers a personalized approach, combining legal insight with practical solutions for individuals facing legal challenges. Whether it’s ensuring proper jurisdiction, serving documents abroad, or resolving complex asset division, we will advocate for your rights every step of the way.

If you’re considering a divorce and your spouse lives abroad, contact us today to schedule a consultation. We’ll help you understand your options and develop a strategy designed to secure a fair, high-quality resolution to your case.