No matter where you live in the United States or where you got married, you can legally divorce. The only thing that could stop you is if your marriage was not legal in the country you were in. Unfortunately, getting a divorce after being married in another country is a sticky situation. Here's everything you need to know about dissolving a marriage that happened outside of the United States.
Length of Time in a Country
Before you can apply for divorce, you will usually need to live somewhere for a certain number of years. The divorce can be filed in the residence of the other spouse if he or she has lived there for a stipulated time by the state.
Take Very Similar Steps as Usual
The process of getting a divorce is extremely similar to the process that you would usually take to file for divorce. You will still need to have papers served against your spouse, and will need to go through the process of dividing assets, finances, and custody.
One of the main differences is making sure you were legally married in the first place. If you can provide a document or certificate of marriage, it will help to speed up this process. Where your marriage certificate is in a foreign language, you will need to get an authorized English translation.
Alleging Grounds for Divorce
In some states, you will need to allege grounds for divorce, especially if the divorce is contested by your spouse. If you do not have grounds and your spouse does not agree, you will not be able to force a divorce in certain states.
Now, you will be able to fill out the summons and notify your spouse of the divorce proceedings. This will include the place and date of the hearing. You may also need an affidavit of waiver of service, where your spouse can sign the paperwork. This is when your spouse agrees with the divorce.
All this paperwork will need to be translated into the language where the marriage took place. It needs to be finalized with the country.
When Divorces Can't Happen
There are certain types of marriages that won't be recognized in certain states. The most common ones are same-sex marriages. When this is the case, your divorce cannot be processed, as you are not officially married in the eyes of the state. You will need to go to a state where you are married or back to the country where you married.
The divorce proceedings can take place with both of you in the same country or living apart. Neither of you have to live in the country where you married, either. Contact a company like Eschbacher Law for more information.
Share2 August 2016
Are you going through a divorce? Do you have kids? If so, do you know how to handle the many struggles you will face when it comes to your kids? Even if you and your spouse can get through the divorce while agreeing on the custody arrangements, there will be struggles that you may not have planned for. For example, who will handle the educational, medical or other decisions about the kids? Is it something that you will decide together, or will one parent make the decision and the other one agree? My site contains several tips that can help you plan for the struggles you will go through in the future and make the situation a little easier for your entire family.