How can I divorce someone in another country? 15 Answers as of March 28, 2011

How can I divorced my husband that had been living in another Country for the last 4 years.?

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
It can be done if he's willing to cooperate in the process and accept service of the papers in this foreign land and waive other rights. I processed a decree for annulment in Alexandria a few years back in which the defendant living in Brazil fully cooperated with the process.
Answer Applies to: Virginia
Replied: 3/28/2011
Masson & Fatini, LLP
Masson & Fatini, LLP | Richard E. Masson
The first step is to file a Petition for dissolution. Then, you can have him personally served with the Petition in the country where he is residing. You should go through a reputable process service company in the country he is residing. Most professional process service companies will have and/or will know contacts in the country he is residing to go through.

Assuming he is personally served, he will have 30-days to file a Response, etc. If he fails to do so, he will be in default and you can move to have orders issued in relation to your dissolution, i.e., custody, support, division of assets and debts, attorney fees, etc. You will be required to appear in court, prove up the basis for the orders being requested, affirm that the orders are equitable and reasonable, and then the court may issue the orders as requested. Assuming he is not personally served and several good faith attempts have been made to serve him, you may be able to serve him via publication. If you are permitted to serve him via publication, then once the time period for service via publication has transpired, he will be deemed in default and you can proceed as set forth above.
Answer Applies to: California
Replied: 3/23/2011
Raheen Law Group, P.C.
Raheen Law Group, P.C. | Wali Raheen
Although more facts are needed to provide a more precise answer, you could file for divorce in Virginia because you are resident of Virginia. However, the court would only be able to enter a divorce decree and would not be able to enter any money judgments.
Answer Applies to: Virginia
Replied: 3/23/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You need to find him and serve him papers like anyone else. If you cannot find him, than you will have to go through a process and get the judge to allow you to make alternate service arrangements. This can be tricky. Consult with an attorney.
Answer Applies to: California
Replied: 3/23/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
That is actually pretty easy. You can file where you live, mail him the papers and ask him to sign. If he signs, all is well, if not, you will need to get him served - that is not so easy, but doable. Once served, you proceed just like any other divorce.
Answer Applies to: Texas
Replied: 3/23/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    I assume you live in Washington State. If so,Superior Courts in Washington havesubject matter jurisdiction overthe dissolution ofyour marriage. In other words, you can get divorced in Washington. If you have children, and they have been here in Washington for six months, barring other facts I don't know about,you can get a parenting plan and hopefully a child support order in Washington. To get a child support order, maintenance ordered, out of state property distrubuted the court will need personal jurisdiction over your husband. You get that by gettingyour husband served. If he's cooperative, he can accept service. If he's not, you can get a process server, whereeverhe is to serve him. If you don't knowwhere he is there are other ways to serve himthat an attorney can help you with (publication and sometimes mail). This is a rough outline. There are manynuances to the above.The bottom line is that if you knowwhere he is,youcan have your marriage dissolved at least.
    Answer Applies to: Washington
    Replied: 3/23/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If one of you has been living here for a year you can commence an action here and serve him with notice in an appropriate way under the law. If you wish to discuss further please let us know.
    Answer Applies to: Connecticut
    Replied: 3/23/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, if you can get him served. Please contact me for a free consultation to discuss your options.
    Answer Applies to: California
    Replied: 3/22/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You divorce him by filing a case for Dissolution of Marriage in the Superior Court of the county in which you reside, and by having him served. If he will cooperate with the Notice and Acknowledgment of Receipt form of service, you can have him served by that method. If he won't cooperate, then you would need to determine whether the country in which he resides is a signatory to the Hague Convention on Service of Process - if it is, you will need to have him served in accordance with the requirements of that convention. If that country is not a signatory to the convention, you would need to determine that country's approved method of service of process and comply with it. You would best be served by retaining, or at least consulting,an experienced Family Law Attorney to represent and/or assist you in getting your divorce.
    Answer Applies to: California
    Replied: 3/22/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You need to use the abandonment statute. You will basically have to give notice through publication and have a judge grant you the divorce. We are Ogden, Salt Lake City Divorce Attorneys and offer free consultations concerning your divorce needs. Give us a call today and we can help.
    Answer Applies to: Utah
    Replied: 3/22/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You file all the divorce papers just as if your husband lived here. However, service of the papers will require a special approach, depending on where he lives, and if you know his whereabouts. Depending on the facts, you may need to obtain an order from the court allowing you to "serve" your husband by publication. Best to call a local family law lawyer to discuss the facts of your case and get instructions on what can be a somewhat complex procedure to effectuate service.
    Answer Applies to: California
    Replied: 3/22/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    If you and your spouse have lost all contacts with each other, then you will probably have to proceed with a "Divorce by Publication." However, if you know where your spouse is in that country then you will have to proceed with either the traditional contested or uncontested divorce, depending on how cooperative they are. In that case, you or your attorney will have to comply with that country's method of Service of Process. For more information on how to divorce your spouse if they are "missing," you can find a recent article about this topic on my website. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 3/22/2011
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