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


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:

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

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