International Divorce

In our global society, not all married couples live in the same city or even the same country. Deciding to end any marriage can be difficult, but when a couple lives in different countries, the process of obtaining a divorce can be much more complicated, and numerous issues can arise that are not present in domestic divorces. If you are contemplating ending your marriage or you have been served with divorce papers, and you or your spouse reside in different countries, a skilled Dallas divorce lawyer can advise you of your options for safeguarding your rights and assets. At McClure Law Group, we are adept at handling international divorces and will work diligently to help you seek your desired result.

You or your spouse may be able to file for divorce in Texas if either of you meet the residency requirements. To be eligible for a divorce in Texas, either spouse must reside in Texas for six months prior to when the divorce petition is filed, and in the county where the petition is filed for a minimum of 90 days. If a divorce petition is filed in Texas, the court will have jurisdiction over a spouse that resides in another country if the couple’s most recent marital residence was in Texas, and the petition is filed within two years of when the marital residence ended.

A divorce obtained in the United States may be recognized in another country. Some countries may decline to recognize a divorce as valid, however, if one spouse’s rights were unjustly affected or if divorce is not permitted in that country. Generally speaking, divorces obtained in another country are recognized in the United States as well, if both spouses had notice of the divorce and an opportunity to be heard.

Dividing property in an international divorce is often complex. First, it must be determined which country’s laws will apply. While there is a treaty dictating which country’s laws may apply, few countries are signatories to that particular treaty. As the rules regarding spousal maintenance and division of assets will vary between countries, it is important to speak with an attorney regarding your rights if your divorce was filed in another country.

If your divorce petition was filed in Texas, whether the court will be able to distribute any property depends upon whether the court has jurisdiction over the property and you and your spouse. First, the court will assess whether any property is marital or separate. If property was acquired by either spouse during the course of the marriage, it will likely be deemed marital and will be subject to equitable distribution.

If marital property is not located within Texas, the court must first assess the value of the property. If the court determines international property should be disbursed, there are multiple ways it can divide the property. For example, the court may order the sale of the property and a division of the proceeds of the sale or issue an order compelling one party to sign over his or her interest in the property. If you or your spouse are contemplating ending your marriage and you reside in different countries, it is prudent to speak with an attorney to discuss how an international divorce may affect your rights.

International divorces can present unique challenges, and if they are not properly handled, can result in adverse results. If you or your spouse are considering ending your marriage and you live in different countries, it is wise to speak with a seasoned divorce attorney regarding your case. At McClure Law Group, we can assist you in navigating the complicated process of obtaining an international divorce, and will work diligently to help you protect your rights. We represent people in Dallas, Garland, Fort Worth, Irving, McKinney, Frisco, Richardson, and Rockwall. Additionally, we assist people in family law cases in cities throughout Dallas, Tarrant, Collin, Denton, Grayson, and Rockwall Counties. You can reach us through our online form or at 214.692.8200 to set up a consultation to discuss your options.