Divorce Guide

Can I divorce abroad?

Divorce is too complicated to be easily obtained wherever you are or whenever you desire. A lot of laws, rules and regulations are there and they change as frequently as you will change the boundaries of a state. Many local laws are so different from each other that even attorneys have to consult local attorneys on a regular basis.

The grave question of whether you can file for a divorce abroad or not has but a simple answer. Yes, you can divorce abroad but, the legalities and formalities before doing so in order to be able to do so are numerous. Deciding for a divorce when you are abroad is crucial, as the laws are new and you may need a lot of help from a lawyer and support from family and friends.

Some of the pre-requisites are:

1. You have to be resident of that state, even if you got married in any other state or country.
2. You should have a domicile of that state, where you have to file a divorce petition. For a domicile, the person is needed to, pay taxes in that state, or have a work permit which makes him or her habitual residence of that place and the individual, has been living there for past 12 months, prior to filing the application for the divorce.
3. The person should only seek divorce in a foreign land, only if the laws and rules are favorable. Sometimes it often not considered that the case you are filing, may actually favor the defendant, and the case may go in for the other party. For instances, some court do not consider, pre-nuptial agreements, which may be in a particular case, be very evident and soul of the divorce matter. So, the petitioner should seek the advice from the solicitor and decide which court and jurisdiction to go for.
4. There may be jurisdiction conflicts, which one may face, if the person wants to separate in a foreign court. If you send the divorce orders to the other party, which does not seek to take the court’s decision, may dismiss your application or put a stay over your petition, if he proves that, the court will not be able to favor his interests.
5. Also, if one stays in the same country as the defendant, but goes to a court in a different state, the solicitor may be same or different, but the attorney may give a different decision, on the basis of how the laws were simplified or were put in front of the court.

So, many factors may interest or may not excite you to put an application for the divorce abroad. You have to be domiciled at the very least and have a reason for the breakdown of marriage.

Divorce and Children
Divorce Laws
Financial Issues
Legal Information
Divorce in Switzerland
Divorce Advice for Europeans
Post Divorce Issues
Divorceand Legal Assistance