Can I Divorce My Spouse if He or She is Currently Abroad?

 Posted on October 31, 2024 in Divorce

If you are considering divorce and your spouse is currently living outside the United States, you may be wondering if you can still move forward with the process. In Illinois, it is possible to get divorced even if your spouse resides abroad, though there are several important legal factors to keep in mind. With the guidance of an experienced Illinois family law attorney, people in this situation can navigate the divorce process and ensure that their rights are protected.

Does Illinois Have Jurisdiction Over a Divorce if One Spouse Lives Abroad? 

One of the first considerations in an international divorce is determining whether Illinois courts have jurisdiction, or the legal authority, to oversee the case. To file for divorce in Illinois, at least one spouse must have lived in the state for a minimum of 90 days. If you meet this residency requirement, the Illinois court system will likely have jurisdiction to proceed with your divorce, even if your spouse is currently abroad.

For cases in which your spouse resides in another country, it may also be necessary to determine whether courts in that country could claim jurisdiction over the divorce. In most cases, Illinois courts can handle the divorce as long as residency requirements are satisfied and your spouse receives proper notice of the proceedings.

How Can You Serve Divorce Papers to a Spouse Living Out of the Country? 

In every divorce, it is essential to provide legal notice to the other spouse, a process known as "service of process." If your spouse is abroad, serving divorce papers can be more complex than in a standard domestic case. Illinois law allows for international service under certain rules established by the Hague Service Convention, a treaty governing service of process across international borders.

If your spouse’s country is a member of the Hague Service Convention, you may need to follow specific procedures for service that meet both Illinois and international standards. An experienced attorney can help ensure that the necessary steps are followed for proper international service. You do not have to manage this complicated process yourself.

How Does Child Custody Work if One Spouse is Living Abroad? 

If minor children are involved in a divorce, establishing custody arrangements with a spouse overseas can be challenging. Illinois courts prioritize the child’s best interests, and international arrangements will require a clear plan for custody, visitation, and travel arrangements. Where the children will live will depend largely on:

• Where they have lived throughout the duration of the marriage

• Where they have lived most recently 

• How integrated the children are into their current community

• Close relationships the children have with nearby friends and family

• The health and ability of each parent to care for the children

• How feasible travel is between countries 

• The parents’ preferences

• The children’s preferences, if age appropriate 

How Does Asset Division Work if You Own Property in Another Country? 

Dividing marital property when assets are located in different countries can also complicate a divorce. Illinois courts use equitable distribution laws to divide marital assets, but foreign property may require additional legal steps to ensure fair division. How property is divided will depend on who owns the property, when the property was purchased, what the property was used for, and whether Illinois has jurisdiction over the property.

For example, if a divorcing couple owns a home in Illinois, that home will almost certainly be under the jurisdiction of an Illinois court. On the other hand, a vacation home in Majorca may require a more careful approach.

Contact a DuPage County, IL Divorce Lawyer for Help

If you are ready to begin divorce proceedings while your spouse resides abroad, reach out to a Wheaton, IL divorce attorney at The Stogsdill Law Firm, P.C.. We have one of the largest, most experienced firms in the state yet provide every client with a tailored, personalized approach.

With the help of one of our dedicated attorneys, you can take the steps needed to secure a fair outcome in your divorce, even if your spouse is living abroad. Call 630-462-9500 to schedule a consultation and learn more about how Illinois law applies to your case