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

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
05/02/2011   |   Category: Divorce ยป International   |   State: North Carolina   |   #24765

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

Ask Legal Question

Your Privacy is 100% Confidential!