Divorce of International Couples in U.S. Courts

Divorce of International Couples in U.S. Courts

Divorce is never a simple matter, but there are a number of additional complicating factors for international couples. If you and your soon-to-be ex-spouse live across borders, it is important to know how to move forward with your divorce in the United States courts.

The biggest questions on your mind are likely to regard the recognition of your divorce in your spouse’s country of residence and how the actual process might differ from that of the other country. Learning more about these topics will help you proceed with peace of mind.

Recognition of U.S. divorce decree

For your spouse living in a different country, the question of whether or not their local or national government will recognize a foreign divorce decree from the U.S. is a valid one. However, the U.S. Department of State explains that the judgment of divorce from a U.S. state court will typically see recognition from any foreign country with a secular legal system.

The divorce process for international couples

Perhaps the largest hurdle in initiating divorce as an international couple is serving your spouse the necessary divorce documents across national borders. You can accomplish this with a simple service through waiver or by following the established conventions between the U.S. and your spouse’s current country of residence if necessary. Keep in mind also that U.S. courts make decisions regarding property division and child custody, which many foreign divorce decrees from other countries might not address.

If it becomes necessary to initiate a divorce while living internationally from your spouse, it can seem as though there is a great deal of uncertainty in the process. You can take heart in knowing that there are procedures in place to facilitate this type of divorce and that help is available for you every step of the way.