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If separated spouses live in different states or countries, a divorce can still be obtained as long as one spouse meets the residency requirement of that particular state or country. In most states, the residency requirements are anywhere from six months to one year. Once the divorce paperwork has been filed and completed in the residency state, the courts in all states will recognize the dissolution of marriage.
However, it is important to be aware that court rulings pertaining to child custody and support, alimony, and property division may be invalid unless the nonresident spouse approves the jurisdiction of the court. The nonresident spouse may approve of the jurisdiction by appearing in court on the court date or signing an official declaration of services rendered by the court. In addition, a nonresident spouse may also consent to the jurisdiction by following the decisions of the court, i.e. paying court ordered child support.
In the event that you receive divorce papers from a foreign country, it is wise to seek the advice of a qualified divorce attorney who can evaluate your case and determine whether the state court or foreign court regulates the divorce process. There are a number of factors that go into determining which courts handle divorces in different countries. These factors may include which countries are involved, how long each spouse has lived in the respective state or country, and whether there are children involved.
Please contact us to speak with a qualified and experienced divorce attorney who can inform you of your legal options and protect your rights.
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