If you are a US citizen in an unhappy marriage, you may wonder, "Can I file a divorce if I live abroad?" When filing for a divorce while living outside the country, issues will come up that will determine whether or not that divorce, if granted, will even be recognized as valid in the United States. You may need to abide by local law where you are currently living, meaning in some cases your divorce may be handled much more easily but may only be valid in the country where you are living. It is generally more difficult to make the divorce legal in the United States if you file when abroad.
When One Party is Overseas
With a multitude of possible scenarios involved in overseas divorces, the most common situation occurs when one party is in the U.S. and filing for divorce from his/her partner who is overseas. These are typical in cases where one person is either living overseas or working overseas on a long-term arrangement with his or her employer. These circumstances can make the marriage itself impossible to manage, drawing both parties apart further than normal, and leaving the opportunity for even small marital issues to become large ones.
Overseas Divorce in the Military
The process of a divorce filing when one or both parties are involved in the U.S. Military can be a bit trickier than civilian matters, as the U.S. Military Law has its own codes and processes. In this situation, unless you are familiar with the Military Law you should consult a lawyer with experience in this type of cases to ensure that the filing, processing, and serving of divorce papers are handled correctly.
General Guidelines
Whether both parties are abroad or you’re considering serving your spouse divorce papers while they are abroad, these issues need to be approached with much caution and discernment, especially when certain countries are involved.
- The first and best option you need to think over is attaining professional legal help with experience relevant to these types of situations. This will help ensure that no part of the process becomes unmanageable.
- Someone active in the United States military has the available tools to have any divorce proceedings delayed, especially in cases where the overseas party can show valid reason to disagree or contest the conditions of the divorce. These conditions are granted to soldiers who are on active duty can request relief under the Soldiers and Sailors Relief Act, or SSRA. This relief consists of having any proceedings delayed for your term overseas, and for 60 more days once you arrive stateside.
Getting Help
No matter the circumstances or details, civilian or military, if you are considering divorcing someone who is not in your home country you should always discuss your options with an attorney. Your attorney can help you to ensure that the divorce actually goes though and is valid, ending your marriage once and for all.
