How to File for Divorce If You Got Married Overseas
When a romance that led to marriage abroad doesn't travel well back to the States, you may need to consult your state's statute providing for divorce after a marriage in another country.
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Instructions
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Establish residency in a particular state. Nearly every state in the United States requires a person to reside in that state for a specific period of time before filing for divorce---a time period ranging from 30 days to six months.
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Review the divorce laws in the state in which you are living to confirm the length of time required to establish residency for divorce purposes.
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Prepare a petition (or complaint) for divorce when the time period to establish residency expires. In the divorce petition, write the country in which you were married along with the date of the nuptials.
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File the completed divorce petition at the local county, district or superior court. (Individual states use different names for their local courts. New York actually calls its local courts "supreme courts.")
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Try to obtain a voluntary entry of appearance (consent to the divorce proceedings) from your spouse if he is living overseas. Otherwise, you will need to make arrangements in the foreign country to have your spouse served with the divorce petition and summons.
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Tips & Warnings
Divorce cases can be complicated and nearly always end up being contentious. Therefore, in order to protect your interests when seeking a divorce you are best served by engaging the services of a qualified and experienced family law attorney. Additionally, if your spouse is still overseas, having legal counsel is extremely helpful in getting your spouse served with divorce papers.
