How to File for Divorce While Living Abroad?
While this article should help educate the reader about how to get a divorce while living abroad, it is by no means enough to try to do it yourself. Anyone looking to get this done should consult a professional attorney. If you a resident of Miami, you can search for a divorce lawyer in Miami for a detailed consultation. They should be able to guide you to all the legal rules and regulations for this matter.
Laws of the Local Country
Getting a divorce can be complex, even more so if you trying to it while living abroad. It is important to first abide by the laws of the local country. Once that has been taken care of, the individual can look to file for divorce that will be recognized in the United States. Typically the divorce is issued by a court and it legally terminates the marriage. Also, on most occasions, any issues resulting from the divorce are also resolved by a court. These issues could include child custody, financial support or division of assets and liabilities.
Divorce Decree of the US Court
Any foreign country that a secular legal system should also recognize the divorce decreed by a US court. A local attorney can confirm the exact requirement of the local legal system. Most US embassies or consulates have a list of local lawyers that be contacted for consultation. Usually in the matters of divorce are reserved for the state and not the federal government. For a consultation, a divorce lawyer in Miami should be well versed in the legal rules and regulations of the state of Florida.
Seek Legal Advice
Although the local divorce will be recognized in the United States, there are always going to be cases that would be specific to each individual’s situation. For example, if the children are US citizens living in the United States, the divorce filed from abroad might not be enough to issue orders regarding the custody of the children. This is outside the jurisdiction of the local court as it has no authority over US citizens living in the US. Even if the local court decrees an order, the order is not required to be honored in the US. Similarly, other issues such a division of property or liabilities might not be honored in the US. Therefore, it is highly recommended to seek legal advice from both, your local country and the United States.
File a Petition
In cases where the spouse is living in the US, it is slightly more straightforward to file for divorce. The first thing that needs to be done is to file a petition in the local court. This usually requires a summons served notice of signed affidavit from the spouse. If the spouse decides on service of process or wants to avoid service, things can be a bit more complex. It is then up to you to figure out how the service will be completed. The process of completing the service will depend on each particular case. The attorney will have to carefully analyze the circumstances to complete all the requirements and paperwork.