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Enforcement of an Out-of State or Foreign Divorce | Allan Brandon Tise PLLC, Attorney at Law
Dec 13, 2017
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Generally, when you decide to file for divorce, you must file in the state where you reside at the time. However, states vary in their residency requirements before you can file for divorce.
When you move to another state after you are divorced, or file for divorce in another state or abroad, problems can arise later if you don't have a clear understanding of the divorce process. Unless the state where you live now recognizes the divorce, the courts in that state may not enforce a child custody order or divorce settlement agreement.
Moving Out of State Following Divorce
Although most states recognize court orders — including final divorce decrees — that other states issue, all states require that once you file for divorce, you must properly serve your spouse with a copy of the summons and divorce petition. Failure to officially notify your spouse of your intent to divorce by serving him or her with copies of the documents you filed in court can lead to trouble.
Another state may not recognize the divorce if you fail to let your spouse know that you initiated legal divorce proceedings against him or her. To do so, you must serve the divorce petition in person, via a sheriff or process server, by certified mail, or by publishing the summons in a newspaper in an area where you think your spouse works or lives.
If you don't inform your spouse that you are suing him or her for divorce, the jurisdiction where you presently reside may not enforce the terms of your divorce decree or modify child support should your circumstances change. You may have to return to the state that granted your divorce to request changes to your divorce agreement.
Getting a Divorce in Another State
If you move out of state when you separate from your spouse and then later decide to divorce, you must establish residency in your new state before you can file for divorce. An attorney can answer your questions about residency and the divorce laws in the jurisdiction where you currently reside if the reason for dissolution of the marriage occurred in another state.
States and the jurisdictions within them also vary in the methods you may use to serve a divorce petition on your spouse who lives in another state.
Usually, it doesn't matter whether you file for divorce in your state of residence or your spouse files in the state where he or she lives. However, states have different laws regarding child custody, child support, alimony, and the division of property. Therefore, it's important to have some knowledge of the divorce laws in the states where each of you reside.
Getting a Divorce in a Foreign Country
When you get a divorce in a foreign country, states have discretion in the matter, and not all states in the U.S. will recognize a foreign divorce decree. State laws regarding international divorces vary; therefore, you need to make certain beforehand that the state where you live will consider the divorce valid.
Many states that recognize international divorces require that you or your spouse reside in that country. Some states require that the spouse filing for divorce in a foreign country live there for a specific length of time for the divorce to be valid in the U.S. The spouse who lives in the U.S. must also receive notice that the other spouse has started divorce proceedings in a foreign country.
States that consider a foreign divorce decree valid often require that both you and your spouse consent to the divorce. Usually, the two of you must sign a divorce settlement agreement that includes stipulations relating to the division of marital property, spousal support, and child custody and support.
If the divorce is consensual, some states do not require that either spouse live in the foreign country where he or she files for divorce. However, the country that grants the final divorce decree may have its own residency requirements for divorce.
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