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.

Things to Do When Filing a Divorce in Abroad

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.

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The short answer is “No”: A divorce or annulment will not erase the paper trail of a legal marriage because these legal proceedings are a part of the public, permanent record.

How to End a Marriage

To leave a marriage, the two legal pathways available are annulment and divorce. Largely, the difference between the two lies in the distinction that divorce marks the legal end to a lawful marriage, whereas an annulment is a legal dissolution of a marriage that has been found unenforceable. The “validity” of the marriage is being the key distinguishing feature. Divorce and annulment criteria vary from state to state, however, the result of each legal action, divorce or annulment, is that both parties become legally single once more. Find the right Miami Family Law Lawyers to help in the process of the divorce or annulment.

Annulment and Divorce

Divorce is significantly more common, where spouses uncouple from a relationship where both parties acknowledge having been legally married. Annulment implies that one or both members of the alleged union find something at issue with its legal grounds. Divorce generally requires a period of separation, but may not require any further evidence, as in a “no-fault” divorce. Annulment often requires evidence of force or deceit or may be sought if the marriage did not meet the requirements of the law in the first place, such as in cases of incest or bigamy. Other legal grounds for annulment include the legal incompetence of one or both spouses; the involvement of a juvenile in the alleged marriage; and spousal impotence. Annulment is rare due to these conditional requirements, and–contrary to popular belief–brevity of marriage does make it eligible for annulment.

Divorce and annulment can be legally arduous, expensive, and time consuming. Both are initiated when one or both individuals in a married couple officially make a request to the court. Both are far simpler and significantly less expensive when both spouses are in mutual agreement about dissolving the union and have few differences about how to proceed.

Post Divorce

Post-divorce, former marriage partners may still have ongoing responsibilities to each other, such as spousal support/alimony or child support. Post-annulment, the marriage is effectively erased (though, again, the public record will still reflect all legal action, from the procurement of the marriage license to the signed Decree of Annulment).

Public Record

Although it is impossible to erase the marriage record in divorce, a Miami Family Law filing may be made invisible in the public record if it is sealed. In the case of a sealed record, individuals may sometimes assume the legal right to deny having anything to do with the related legal proceedings. Note that this applies only to legal divorce or annulment, and not to permissions granted by religious guidelines or clergy.

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