Divorce is an inherently complex process under the best of circumstances, but what happens when one spouse is living abroad? Geographical distance and foreign laws create challenges for jurisdiction, serving papers, and the impact of international legal systems. Please continue reading as we address the critical legal considerations for divorcing a spouse who resides overseas and the importance of connecting with our Middlesex County Divorce Lawyers for guidance.
Can I Get a Divorce If My Spouse is Living Abroad?
First and foremost, it is crucial to understand how to obtain a divorce in New Jersey. To file, at least one party generally must have been a bona fide resident of the state for a certain period, depending on the grounds for divorce. For instance, if the grounds for divorce are “irreconcilable differences,” you will need to meet the following criteria: a period of marital breakdown and the necessary New Jersey residency period.
Notably, if you meet the residency requirements, your spouse is not required to live in the state. This means that individuals who establish residence in New Jersey can file for divorce even if their spouse has relocated, potentially back to another country, as long as they are properly notified of the divorce action.
If your spouse is in a country that is part of the Hague-Convention (or a similar treaty), you must follow strict, formal procedures. This usually means:
- Sending papers through an official government office in that country.
- Getting the papers officially translated.
- Waiting for formal confirmation that they recieved the papers.
If they residen in no-treaty country or your don’t know their location, service is much harder but still possible. New Jersey courts might let you use:
- International mail or courier
- Email or social media
- Publication if you cannot find them after serious efforts
When Do Issues Arise?
Nevertheless, there are times when it might be difficult or ill-advised to file for divorce in New Jersey, such as if:
- You do not meet the New Jersey requirement for divorce (typically one year, with limited exceptions).
- Your spouse has already initiated divorce proceedings in a foreign country.
- The majority of your life, assets, and children are located outside of New Jersey, indicating minimal ties to the state.
In these cases, you and your attorney will need to decide if you should wait until you meet New Jersey’s requirements or proceed with the divorce in the other country where your spouse lives or where you last lived together as a couple.
What If There Is a Case Already Pending Abroad?
When spouses initiate divorce proceedings in multiple jurisdictions, this can result in competing cases and jurisdictional disputes. A New Jersey judge may evaluate several factors to determine which court should proceed, including:
- The filing date of each case
- The primary residence of the parties and their children
- The location of the majority of the marital property
- Practical issues such as language barriers, evidence admissibility, and enforcement feasibility
If a foreign divorce case is already active, or if you suspect your spouse might file abroad, it is crucial to consult a qualified attorney at Arndt & Sutak, LLC immediately. This proactive approach allows for strategic planning before courts issue conflicting orders.
