Questions about International Divorce Law

International divorce is quite common; however many times the not knowing international divorce laws can be frightening. This can result in a number of legal questions. Below are five of the top international divorce questions that have been answered by the Family Lawyers on JustAnswer.

If a married couple in the midst of divorce has marital property both in the USA and in Moscow, will the courts count the value of the marital property and use that total market value against the wife’s claim for spousal support and pension fund?

If you live in a common law property state, your marital property will usually be divided. If the property falls into separate property, it is the property of the person who owns it. All that the other party is entitled to is a “fair and equitable portion” of your separate property. “Fair and equitable portion” generally means that two-thirds go to the higher wage earning party and one-third to the other, lesser earning party. Community property and debt is everything else that includes income of both parties, gifts from one spouse to the other, all titled and un-titled property that was acquired during marriage. Community property is usually automatically assumed unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is generally split 50/50.So the market value of the property isn't in question. Who the property belongs to is the question.

If someone is out of the country and their spouse lives in the Washington, how would they go about filing an uncontested divorce? Where would they file?

You can file for divorce in Washington even if you don't live there. Since the Seattle court has jurisdiction over the spouse, you can file for divorce there. Courts allow you to file the paperwork by mail. Also, if the spouse agrees to the divorce, the papers could actually be filed by your spouse since. In most case, you will have to eventually make an appearance in Washington, before the divorce is finalized.

How would someone file and serve divorce papers on a spouse if they are in another country?

The easiest way to serve papers on someone who is out of the country is by publication in the court reporter and by mail. You can try to send certified mail as well as regular mail. The clerk of courts will have the necessary forms to serve by publication. The service by publication will allow you to get a divorce but there will be no jurisdiction to enforce any court orders for alimony, etc., until you can have the papers served here in the US. Service by publication is used quite frequently in case of international divorce and whenever the overseas spouse cannot be located. International divorce laws vary; best practice is to ask questions before acting. Family Lawyers on JustAnswer can answer those questions saving you time and money.

How to file for a divorce while residing in Sweden if you cannot obtain any entry visa into the States?

If you have lived there over a year, you can file for a divorce in Sweden. The first condition in order to be able to file a petition for divorce in a Swedish court is that the Swedish court must actually have jurisdiction to hear the case. That is of course the case where both spouses are Swedish nationals and live in Sweden. But Swedish courts also have jurisdiction in the following cases: where both spouses are Swedish nationals, the petitioner is a Swedish national and is habitually resident in Sweden or has previously been habitually resident in Sweden since he or she reached the age of 18, or the petitioner is not a Swedish national, but has been habitually resident in Sweden for at least one year.

If someone from India just recently became US citizen through naturalization and wants to divorce their spouse that still lives in India, would the case be filed in India or the USA

Divorces between U.S. citizens and foreign nationals are quite common here in the U.S. So long as you meet your particular state's residency requirements (generally 6-12 months), you can file your divorce petition here in the U.S., and also be granted a judgment of divorce here. The other alternative is to go to India and file the divorce in India under Indian divorce laws.

In a well-connected, shrinking world, international marriages and divorces are becoming increasingly common. Laws and courts around the world have started recognizing this and are capable of handling international divorce cases. However, that does not always reduce the complication of the case and can result in a many other issues like visa, immigration, etc. Uncertainty and questions are natural when faced with the prospect of an international divorce. One way to get quick and affordable answers to your legal questions is to ask a Family Lawyer on JustAnswer for an Expert evaluation of your case and legal insights.