Getting A Divorce While Living Abroad

Having the opportunity to live abroad is something that many people dream of. While you and your spouse may have embarked on an overseas adventure together, there is always the possibility that living in a foreign country away from family and friends will drive a wedge in your relationship. Making the decision to file for divorce while you are living abroad can be challenging.

Here are three important steps that you must take in order to ensure your divorce is conducted properly while you are living in a foreign country.

1. Contact the U.S. Embassy in your country.

Once you and your spouse decide to divorce, you should make an appointment to meet with a representative from the U.S. Embassy in the country where you are living.

It is critical that you follow local law when it comes to filing for a divorce, and you may not be familiar with the family law statutes that govern divorces in a foreign country. A representative from the U.S. Embassy will be able to direct you to a reputable local lawyer who can help you begin your divorce proceedings properly.

2. Contact the Attorney General in your native state.

Since family law matters are governed by individual states and not the federal government, it's important that you ensure your native state will recognize your foreign divorce in order to make the separation from your spouse legal at home and abroad.

Each state has different rules when it comes to filing for divorce, so you need to take the time to find out about your home state's specific rules and regulations. Contacting your state's Attorney General will allow you to identify any additional steps you need to take in order to ensure that your foreign divorce will be recognized as legal once you return home to the United States.

3. Work with an attorney in the United States.

Although a foreign court will be able to dissolve your marriage, foreign judges may not have jurisdiction over property that remains in the United States. If you and your spouse own real estate, have joint retirement accounts, or have investments in U.S. companies, a U.S. court may not honor any orders issued by a foreign court relating to these matters.

You should work closely with an experienced divorce attorney in the United States to ensure that all of your marital assets are divided equitably and legally as you complete a foreign divorce.

Filing for divorce can be stressful, and the process becomes even more complex when you and your spouse live in a foreign country. Work with the U.S. Embassy, your home state's Attorney General, and an experienced family law attorney in the United States to ensure your foreign divorce is completed properly.