How Can I Divorce a Spouse Who Is In Another Country?

05/02/2011 - Category:Divorce - International - State: NC #24765

Full Question:

I have a spouse that I have been seperated from since 2005. She took my son and went back to Japan. I don't have any contact with her. Can I still get a divorce without her signing the paper. I just need to know what do I need to do and all the steps to get a divorce. Can you help me please

Answer:

In some cases, where a divorce has been filed, but the defendant cannot be located, the court may allow service by publication and if an answer to the complaint isn’t filed, a default divorce may be obtained. Rules for service of process overseas vary depending on whether the person sought to be served is in the military and the country is a member of the Hague Convention or not. Overseas divorce is a complicated matter and advice from a lawyer who specializes in international divorce matters should be sought. Advice will be needed in areas such as: -jurisdiction, including the impact of admissions of residence and domicile on any tax planning or nationality -applicable law -the grounds for divorce and any prior period of separation -likely financial orders -disclosure requirements -enforcement, in that jurisdiction and abroad -procedure followed -likely arrangements for children -availability of legal aid -publicity and confidentiality -the projected time line for the proceedings -projected legal costs For further discussion, please see: http://www.legallanguage.com/legal-articles/service-of-process-upon-military-personnel-overseas/ http://divorcesupport.about.com/od/foreignspouse/f/foreigndivorce.htm http://www.divorceincanada.ca/general.htm

Please see the information at the following links: http://divorce.uslegal.com/separation-agreements/north-carolina-separation-agreement-law/ http://definitions.uslegal.com/d/default-divorce/ http://definitions.uslegal.com/m/motion-for-substituted-service/ http://definitions.uslegal.com/a/appearance/ http://definitions.uslegal.com/s/service-of-process/ http://definitions.uslegal.com/d/divorce/ http://definitions.uslegal.com/j/jurisdiction/ http://divorce.uslegal.com/state-law-summary-on-divorce/north-carolina-divorce-law/ Please see the forms at the following links: http://www.uslegalforms.com/divorce/north-carolina-divorce-forms.htm http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-NC-B-separation~property~settlement

05/02/2011 - Category: International - State: NC #24765

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