If you wish to file for divorce while living outside the United States, you must be prepared for some complicated legal issues that could apply to your case. There is a chance you will need to follow the laws of the jurisdiction in which you live to get your divorce, and if this is the case, you must contact the nearest U.S. Embassy or Consulate to get a list of attorneys who can work with you.
The U.S. Department of State’s website has a list of all embassies, consulates and diplomatic missions, and how you can contact them.
People commonly ask if the U.S. government will recognize a divorce decree issued in a foreign country. While the answer is not always yes, your divorce decree will be recognized so long as the foreign country ensures it has met certain procedural requirements designed by the state. This includes, for example, providing proper notice to all parties involved in the divorce.
If you wish to find out if a foreign divorce decree will be considered legally binding in Minnesota, contact the state Attorney General’s office or an experienced divorce attorney.
Additional information on foreign divorce decrees
An American court is likely to recognize foreign divorce decrees as a means of terminating a marriage. However, foreign divorce decrees may pose some complications related to other aspects of your divorce. If your children are American citizens who live in the United States, the foreign court will most likely not make any orders regarding child custody, as it does not have the jurisdiction to do so. American courts do not have to honor such arrangements.
In addition, divorce decrees issued in foreign countries might not be sufficient to divide property located in the United States.
To learn more about the processes and challenges associated with filing for divorce while living overseas, speak with an experienced Minnesota divorce attorney at Appelhof, Pfeifer & Hart, P.A.
