Are You Divorcing a Spouse Who Lives in Another Nation?

If your spouse is living outside of the United States and is not serving in the U.S. armed forces, obtaining a divorce in Arizona may be difficult, but in most cases, a Phoenix international divorce attorney can help you get the divorce and the divorce settlement you need.

If you establish residency in Arizona, you may file for divorce in this state even if your spouse is in another nation, but how will the divorce papers be served? And what happens if your spouse takes your child out of the U.S. to obstruct the divorce proceeding or child custody arrangement?

You will need to discuss these questions (and any of your other concerns) at your first meeting with an Arizona divorce lawyer who will provide you with sound, personalized legal advice – a divorce lawyer who will advocate aggressively and effectively on your behalf.

What Do Arizona Courts Require in International Divorce and Custody Cases?

If you have resided in Arizona for ninety or more days, you can divorce in this state even if your spouse is in another country. However, in disputes that involve children, Arizona needs to be where the child or children have most recently resided for at least six consecutive months.

An Arizona court will divide the marital property and consider a request for spousal support only if that court has “personal jurisdiction” over your spouse. In other words, your spouse’s connection to the State of Arizona must be strong enough for the court to exercise jurisdiction.

Arizona courts can also “bifurcate” a divorce proceeding. This means that the Arizona court will hear and determine the parts of the divorce proceeding where it has jurisdiction, and a court in the appropriate jurisdiction will resolve any issues that remain.

How Are Divorce Papers Served Internationally?

If you are divorcing a spouse who now resides outside of the United States, with very few exceptions, before you will be allowed to divorce that spouse in an Arizona court, he or she must be served with divorce papers.

If your spouse is living in a nation that has signed the Hague Divorce Convention Treaty of 1970 – an international treaty that helps ensure that divorces are recognized internationally – you must adhere to the specific procedures that nation has established for serving divorce papers.

How Will a Phoenix Divorce Lawyer Help You?

Your Phoenix international divorce attorney will ensure – as far as possible – that your spouse is served properly with your divorce papers, that your divorce proceeds quickly and smoothly, and that you are treated fairly and justly by an Arizona divorce court.

Sometimes, a spouse can’t be located, and in some nations, local laws do not permit the personal service of divorce documents. Your lawyer will explain your options if your spouse is in a nation where the local laws may pose difficulties. In every divorce, a Phoenix divorce lawyer will:

  1. prepare a calculated, precise legal strategy aimed at winning the results you need
  2. take the legal steps necessary to achieve those results, and
  3. bring your divorce to its best possible outcome

Of course, in any divorce proceeding, you must be represented by an attorney who ensures that you receive what is legally and rightfully yours in the final divorce settlement. In a complicated divorce proceeding, your attorney may seek the assistance of financial authorities and experts.

What if Your Ex Takes Your Child to Another Country?

It’s a frightening experience that happens to far too many families in Arizona. Your ex suddenly takes your child to another country without your consent or knowledge and in violation of your parenting agreement, and he or she has no intention of bringing the child back.

The Hague Convention on International Child Abduction Treaty of 1983 establishes procedures for handling international parental child abduction. A Phoenix international child custody lawyer can help you exercise your parental rights under the Child Abduction Treaty.

The treaty requires that children who are taken to another nation without one parent’s consent (provided that nation has signed the treaty) must be returned as quickly as possible. Exceptions are generally allowed only for those parents who are fleeing from domestic violence.

However, if your ex has his or her own sharp lawyer in another country, it may still be difficult to get your child back. The treaty also sets deadlines, so if your ex will not return your child, you and your Phoenix international child custody lawyer must take immediate, decisive legal action.

What Else Should You Know About International Divorce?

In our globalized 21st century, it is not unusual for people from different nations to meet in a third nation, marry in a fourth nation, and even have children and assets in several other nations.

Therefore, if your divorce is an international divorce, you must have a divorce lawyer working on your behalf who is knowledgeable and familiar with jurisdictional rules and the intricacies of international family law.

If your spouse is residing in another country, you must obtain the advice and services of a divorce lawyer who has considerable experience handling international divorce cases. You should have that lawyer’s advice from the beginning – before you file divorce papers.

Let Arizona Family Law Attorneys Represent You in Your International Divorce

Divorce is never easy, and an international divorce can be an exceedingly complicated legal process. However, you won’t need to conduct an extensive search for the right divorce attorney. Instead, let an international divorce lawyer at Arizona Family Law Attorneys advise and represent you from the start of the divorce process.

We are award-winning Arizona family law attorneys who represent and advise clients throughout the Phoenix and Tempe areas, and we handle all matters of family law, including adoptions, paternity cases, and child custody disputes as well as domestic and international divorces.

To find out more about international divorce or any other matter of family law – or to begin the divorce process – schedule a consultation with Arizona Family Law Attorneys by calling 480-448-0608. Appointment hours are flexible for your convenience, and we offer affordable rates.