How do International Divorces Work? - Bineham & Gillen

divorceHow do International Divorces Work?

September 27, 2022by Bineham & Gillen Law

International divorce is an extremely complicated process that necessitates a lot of bureaucratic maneuvering. To get through the process as painlessly as possible, make sure to get a seasoned international divorce attorney from Bineham & Gillen to help you with important paperwork and to best advocate for your interests.

Residency Status

If you’re getting an international divorce, it’s important to take into account your residency status pre and post-divorce. Visas such as the K1 Nonimmigrant visa will be revoked in the case of a divorce, which can affect how resources are allocated if you have the right to alimony or want to split custody.

This is with the assumption that you’re filing for divorce in the United States, but checking to make sure that your residency status is secure without your marriage is imperative if you want to stay in your respective country.

Serving The Documents

One of the hardest aspects of going through an international divorce is the serving of the documents. This is due to Texas law requiring those who divorce to serve divorce papers in person, rather than by mail or fax. This can be a significant problem whenever your partner is in another country. There are plenty of ways to get around this requirement.

  • Publication: If you were to publish the notice in a newspaper for a certain amount of days, it counts as service.
  • Process servers: You can, if you have the funds available, hire someone to serve the papers for you in the country of interest.
  • Local waivers: If your spouse is willing to sign off on a waiver for personal service, you can send the papers to them by mail, email, or fax.

But without going through the proper servicing, the divorce will not be able to continue. Making sure to consult an international divorce attorney will ensure that everything goes as smoothly as possible.

Prenuptial Agreements

With the many uncertainties that come with an international marriage, a lot of people choose to sign a prenup so that assets and alimony are already divided in the case of a divorce. International divorce without a prenup can be especially messy and can create a lot of issues over property and alimony. To determine the validity of your prenuptial agreement, meeting with a divorce attorney should clear up whether the court will solely consider what the contract says or whether you will need to fight for more.

International Custody

International custody is a lot more complicated than the division of assets. There have been multiple acting laws that require different countries to return children that are taken to other countries, as long as it clashes with an existing custody order.

In international divorce, all custody is on a case-by-case basis and will not depend on any agreement by the parents as to what country the child will be raised in — which means negotiating with your spouse on custody will not make a difference in the court’s decision!

Contact Us!

Bineham & Gillen is a premiere family and divorce law firm that has been faithfully serving San Antonio for over 30 years. With personalized client attention and extensive expertise, we are committed to giving you a speedy trial with the best results possible. Fairness and compassion take a front seat as we help you retain your assets through legal mediation, negotiate child support and custody, military divorce law, and divorce finance!