There are many reasons for why one or both spouses may wish to finalize their divorce as soon as possible. One of the spouses may wish to remarry, or significant assets may be at risk due to a prenuptial agreement that will be enforced after a pre-specified length of marriage. In some instances, it can be advantageous to file for divorce in a country that offers faster processing times than in the United States. A divorce attorney Phoenix AZ residents trust can provide you information as to how long the process might take without having to leave the country. We can also represent you during the proceeding if it takes place in the United States.
Filing for an International Divorce
In some scenarios, it can hasten their divorce if one of the spouses files in a country other than the United States. This can be successful even if they were married inside the United States. There are various criteria that they must meet and which can be explained by a divorce lawyer. Even if you decide to file for divorce outside the country, we may be able to help you complete the process. Primarily, our legal team can also ensure that the divorce will be legally recognized within the United States. In addition, the following criteria may also have to be met:
- Both spouses must be aware of the divorce proceeding.
- The spouse who left the country to file the divorce must notify the spouse they left behind in the United States that they are filing for divorce.
The Types of International Divorces
Your divorce lawyer can clarify the kinds of international divorces that available to you. There are four common types:
- Bilateral divorce. This is when both spouses are in the country where the divorce proceeding is occurring. Alternately, a local divorce lawyer is representing one of the spouses who stayed in the United States.
- Ex parte divorce. This is when the spouse who files for divorce is located in the other country but the other spouse in the United States and has been notified of the divorce filing.
- Practical recognition divorce. This is when one spouse can’t challenge the validity of the divorce that is granted by another country because if they challenged it, it would be unfair due to the circumstances.
- Void divorce. This is when a spouse gets the divorce in another country but did not notify the other spouse. As a result, the divorce is not recognized in the United States and is therefore not enforceable in this country.
In which countries can I get a divorce?
This is subject to change, and your divorce lawyer may have more information about this. Traditionally, the following countries have offered international divorces:
- Haiti
- Dominican Republic
- Mexico
- Guam
Your Resource for Family Law Legal Services
If you are considering a divorce, our legal team may be able to assist you. If you and your spouse decide to end your marriage, we can file on your behalf should you choose to file for divorce within the United States. Call a lawyer today to schedule a free consultation with a divorce lawyer so that you can make an informed decision about how best to proceed.
Thank you to our contributors at Hildebrand Law for the above information on divorce.