Can I file for divorce against a spouse who is overseas?

It is possible to file for divorce against a spouse who is overseas. International divorces can create a different set of problems. If your spouse is in the military and serving overseas, the Service Members Civil Relief Act (SCRA), which passed in 2005, expanded and updated the Soldiers and Sailors Civil Relief Act. This controls how you can proceed against an active duty spouse. The SCRA only applies to civil proceedings against the actvie duty military member and his family. Some of the areas it covers are evictions and civil law suits and many other areas. The SCRA does not apply to criminal actions.

If your spouse is overseas but not a service member, you could file a divorce action but would have to be concerned with issues involving service of process to make sure the spouse was properly served for jurisdiction purposes. You should also be aware that the state court would not have any control over property that the spouse may have overseas. You may want to consider filing your divorce in the country where the spouse is located, especially if the spouse has significant assets overseas and is not scheduled to return to the United States anytime within the near future.

This is definitely a situation where you should seek legal counsel with a family law attorney who has experience in international family law issues. Property division as well as custody and child support could be adversely affected depending on which jurisdiction you chose to handle your divorce.