Divorcing a spouse is never simple, but when that spouse lives in a different country, the process can feel even more overwhelming. If you’re in California and want to end your marriage to someone abroad, there are specific steps you need to follow to ensure the process is smooth and legal. This includes understanding how to serve divorce papers internationally and navigating the complexities of different legal systems.
While it might seem complicated, familiarizing yourself with California’s residency requirements for filing a divorce can significantly ease the process. At Holstrom, Block & Parke, APLC, we will help you understand the basics, and knowing your options can make a significant difference.
File for Divorce in California
The first step in starting your divorce is filing the necessary paperwork. To do this, you’ll need to meet the state’s residency requirements:
- Live in California for at least six months.
- Reside in the county where you’ll file for divorce for at least three months.
Once you meet these requirements, you can file the divorce petition in your county’s Superior Court. Be prepared to pay a filing fee, which typically ranges between $435 and $450. If the fee is a financial burden, you can request a fee waiver from the court.
Serving Divorce Papers Abroad
Serving divorce papers to a spouse in another country is where things can get tricky. The law requires that your spouse is properly notified about the divorce, and this notification must meet both the state law and the legal requirements of the country where your spouse resides. Here are your main options:
If You’re in Contact With Your Spouse:
- Ask for a waiver of service.
If your spouse is cooperative, they can agree to waive formal service by signing a waiver. This can save you time and hassle. - Send papers via certified mail.
For some countries, serving papers through certified mail with a return receipt may suffice. However, always confirm the specific rules for the country involved.
If You’re Not in Contact or Your Spouse Is Uncooperative:
- Use the Hague Service Convention.
If the country is a member of the Hague Service Convention, you can submit the paperwork to a designated office in that country, which will handle the service process. - Public posting or publication.
If your spouse cannot be located despite your best efforts, you can request court approval to serve them through alternative methods, like public posting or publication in a local newspaper. - Hire a professional.
If your spouse is temporarily in another country or hard to locate, a private investigator or a local process server might be able to track them down and serve the papers.
Step 3: Proceed With the Divorce
Once your spouse has been served, the divorce can move forward. The process will depend on whether your spouse responds to the filing:
If Your Spouse Responds:
- Negotiate agreements.
This might include dividing property, arranging spousal support, and deciding on child custody if you have children. - Attend mediation or court hearings as needed.
These steps help settle disputes before finalizing the divorce.
If Your Spouse Doesn’t Respond:
- Request a default judgment.
If your spouse fails to respond within the required time, the court can proceed without their input. The exact timeline and procedures can vary by state and even by county. However, you’ll still need to provide evidence and follow the court’s rules regarding child custody, support, and property division.
Important Things to Keep in Mind
When dealing with an international divorce, there are a few extra hurdles to consider. One of the biggest is how the courts handle cases involving spouses or assets in other countries. Let’s look at how jurisdiction comes into play and why it’s such an important factor in these situations.
Jurisdiction and International Challenges
While California courts have jurisdiction over divorces filed by state residents, personal jurisdiction over a spouse living abroad can be a hurdle. This issue might arise when dividing assets or enforcing custody arrangements. Courts may need to apply the state’s laws to assets located overseas, which could add complications.
Property Division
California is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50. This rule extends to quasi-community property—assets acquired abroad that would have been community property if earned in California.
Child Custody
If children are involved, international custody issues may arise, especially if your spouse wishes to relocate the children. The Hague Convention on International Child Abduction may help resolve disputes, but it depends on the specific circumstances and the country involved.
Recognition of Your Divorce
While many countries recognize U.S. divorces, not all do. If your spouse’s country doesn’t recognize the divorce, additional steps may be required to ensure the legal dissolution of your marriage is recognized there. Given the complexities involved, it’s often advisable to consult with legal professionals familiar with both U.S. and international family law when dealing with international divorces.
Ready to Start the Process?
International divorces might feel daunting, but you don’t have to tackle this alone. With our experience in international family law, our firm at Holstrom, Block & Parke, APLC is here to guide you through every step of the process. If you’re ready to move forward or have questions about your unique situation, we’re here to help.
Contact us today at 855-426-9111 to discuss your case and explore how we can make this process more manageable. Our team will provide personalized guidance tailored to your needs.
