The term “international divorce” is sometimes used to describe a marriage dissolution when one spouse lives in the U.S. and the other resides in a foreign country. In fact, though, the process is much the same as a domestic divorce but with additional layers of complexity. The overseas spouse must be found subject to the U.S. court’s personal jurisdiction and must be properly served with divorce papers. There are further complications when issues of spousal support and division of property are contested.

In Arizona, to establish personal jurisdiction over the spouse abroad, the Superior Court must find that spouse has sufficient connections to the state, such as property ownership, business activities or previous residency. Without these ties, the court may not have authority over certain aspects of the divorce unless the foreign spouse consents.

Service of process on a spouse in a foreign country must comply with specific international treaties and protocols. If the country is a signatory to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, the service must be done according to the convention’s procedures, which involve formal notification through a designated central authority. 

If the spouse lives in a country that is not a Hague Convention signatory, alternative methods might be used, such as sending a letter rogatory. This is a request by the Arizona court for a foreign court’s help in serving the papers. It is sent through diplomatic channels, such as via the U.S. Department of State. If the foreign court complies with the request, local authorities serve the divorce papers to the recipient and the foreign court sends proof of service to the Arizona court.

Service by publication is a method used when the foreign spouse cannot be located or served after diligent efforts. The divorce summons is published in a newspaper likely to be seen by the foreign spouse, typically in the area where he or she is believed to reside. However, service by publication is generally a last resort and may not be effective in exercising personal jurisdiction over that spouse.

If the foreign spouse voluntarily agrees to the Arizona court's jurisdiction or actively participates in the proceedings, the court can proceed with the divorce. If the foreign spouse contests the jurisdiction or does not participate, the court may bifurcate the divorce. This means handling only aspects within the court’s jurisdiction, such as property located in Arizona, while leaving issues related to foreign property or other jurisdiction-dependent matters to be resolved in another country. 

International contests over child custody or child support can be even more difficult to resolve, and they require compliance with other treaties and protocols. If you are seeking a divorce from a spouse abroad, you need an Arizona divorce attorney fully familiar with all the elements involved.

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale, Arizona, are well-versed in handling divorces involving foreign spouses. Call us at 602-789-3497 or contact us online to discuss your situation and explore your legal options.