Proper notice of the divorce is important when a spouse lives outside the U.S.You have to find a court that can issue a divorce decree.The court is usually in the county where you live.The divorce proceeding must be served on your spouse who is outside the United States.It's possible to divorce a spouse who lives in a foreign country if you want child custody or alimony.
Step 1: Do you know if your spouse is in the military?
Federal law prohibits your spouse from being sued if he or she is on active duty in the U.S. military.You can't divorce until they leave active duty.If your spouse is in the military, you should be able to proceed with the divorce.
Step 2: Meet with an attorney.
You should meet with a divorce attorney to discuss this area of law.Contact your local or state bar association to get a referral to a divorce attorney.Ask the attorney how much it will cost for a consultation.Do you need to bring any documents or information?The attorney should have a list of questions.You could want alimony.If your spouse lives outside the country, you should ask the attorney how you can get it.
Step 3: Decide if you need an attorney.
You can meet for a half hour consultation and get your questions answered, but there are some situations where you need a lawyer to handle the entire divorce for you.If you have children with your spouse, you should hire a lawyer.A lawyer can help you with child custody and child support issues.You would like alimony.Someone outside the country may not be able to be forced to pay alimony in the U.S.You should have a lawyer represent you.The divorce is being fought by your spouse.
Step 4: You should check to see if you qualify for a divorce.
To get a divorce, you need to meet certain residency requirements.If you have lived in the state for a certain amount of time, a court there will issue a divorce decree.You don't have to return to the state that married you in order to get divorced.Every state has its own residency requirements.You have to be a resident of New Jersey for a year before you can file for divorce.It's possible that you don't meet residency requirements in your state if you've recently moved.You might have to wait to file for divorce.
Step 5: Obtain the correct forms.
You can use the forms printed by the courts to get a divorce.You can ask the clerk for the forms at the court where you live.There needs to be a packet of information.You can check it out online.You can download the forms from the courts.Ask the court clerk if they have sample forms you could use as guides for typing up your own, if there are no fill in the blank forms.You have to fill out many forms in order to get a divorce.You will need to fill out financial forms and other information if you want to file a petition or complaint.Ask the court clerk what to do.
Step 6: You have to complete the forms.
You should use a typewriter or black ink to fill out your forms.You can type the information into the form if you download the forms as PDFs.All information should be provided.If an item on a form doesn't apply to you, write "N/A" or "not applicable" instead of leaving it blank.
Step 7: Someone should check your forms.
You should show the forms to someone who will review them.If you left out important information, this person can point it out.There are a number of places where you can find legal help.The person should be able to see that you provided all the information.You can show them to the attorney you met with.They only do the work you give them if they are willing to providecrete task representation.You can pay for the attorney to look over your forms, but that's all.You might be able to get legal aid.People in financial need can get free legal help from legal aid organizations.You can find legal aid organizations online.
Step 8: The forms should be filed with the court.
Make copies of the forms.If you want to file, take the original and your copies to the courthouse.The filing date can be stamped by the clerk.It is likely that you will have to pay a filing fee.You can ask for a fee waiver if you can't afford the filing fee.Information about your finances will be asked on the form.Return the form to the court clerk.
Step 9: Ask your spouse to stop giving service.
Your spouse can waive service.The affidavit should be available on your court's website.You could send your spouse a copy as well.You have to file the affidavit with the court after your spouse signs it.The divorce process goes much easier if your spouse waives service.Your spouse might not agree to waive service.You will need to arrange personal service in a foreign country.
Step 10: The Department of State has rules.
If you are going to make service in a foreign country, you need to abide by the laws of that country.A court in the US will refuse to entertain your divorce case if you don't serve your petition properly.You can find rules for specific countries by visiting the State Department website and clicking on the country on a map.All incoming requests for service are accepted by a central authority.A certificate of service is sent back to the US by an officer in a foreign country.You can use international certified or registered mail if you request it.You will have to go to a foreign country to get assistance.A court in the U.S. will have to issue a letter rogatory, which will be forwarded to a foreign court.
Step 11: If it's necessary, translate the document.
If your spouse speaks English, you may need to translate the documents in order to satisfy the requirements of the foreign nation.You should be told if this is necessary by the court.
Step 12: You can arrange service.
You can use international registered mail to make service of process.If this is an option, check the State Department website.Talk to your court clerk if the country doesn't allow service by mail.The court where you filed your divorce petition may need to forward your papers to a central office or issue a letter rogatory.
Step 13: There is proof of service.
You will need to file a return receipt with the court if you served papers by international mail.The acceptable form can be asked of the court clerk.If the court handled service, they should get a certificate of service from the foreign country.To confirm, check with your court clerk.
Step 14: Receive your spouse's reply.
If your spouse is in a foreign country, they need to file a response to your divorce petition within a certain amount of time.Your spouse will usually send you a copy of the answer.You should check with the clerk if your spouse ignores you and doesn't file a response.
Step 15: It is important to engage in fact- finding.
In a divorce, there is usually a discovery period where you and your spouse swap information and sometimes sit for a deposition, during which you answer questions under oath.The purpose of discovery is to find out information you will need for the divorce.The discovery period is complicated by the fact that your spouse is not in the country.You may need records from a foreign bank.If you need to serve a subpoena on the bank, you can use the process of serving a copy of the petition.If your spouse doesn't agree to an uncontested divorce, then you should have your lawyer handle the discovery process.
Step 16: Make sure to line up witnesses.
There is a chance your hearing will be a contest.You don't need witnesses to testify at the hearing in the uncontested divorce.All of the paperwork filed in the case should be reviewed as preparation.The divorce might becontested by your spouse.You will have to come up with a list of witnesses.The witnesses you have will be dependent on the issues.You will need witnesses to help you prove that your spouse cheated on you if you file for divorce on adultery grounds.If you disagree about alimony or child support, you might be seeking a no fault divorce.You might need an expert witness to help you value your property or spouse's income in this situation.
Step 17: Attend your hearing.
You should have plenty of time to get to court.You will need to find parking and go through security at the courthouse.Hearings can be different depending on the judge.If the divorce is not contentious, the judge might ask you basic questions to make sure you served the process.The hearing will likely be different if the divorce iscontested.People can testify for you and your spouse.The person who filed for divorce will present their witnesses first.Your spouse gets to go second.
Step 18: Obtain a copy of the decree.
You should get a certified copy after the divorce decree is granted.Ask the court clerk how to get a copy and how much it costs.
Step 19: The divorce decree should be served on your spouse.
If you obtained a default divorce and your ex- spouse never responded to your divorce petition, you may need to arrange service on them.Ask the court clerk if you need to arrange service of the divorce decree.