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Securing an international divorce in Ohio: A step-by-step guide

On Behalf of | Jan 29, 2024 | Divorce |

International connections have become so easy thanks to cell phones and the Internet. In the same way, international divorces are also prevalent. Although divorce in Ohio and around the nation is challenging, living in different countries can make the process even more stressful.

Many questions will go through your mind when undergoing an international divorce. Some of these include where to file the divorce, how to get the paperwork served and how to enforce it. International law becomes even more complex when it interferes with American law.

How do you file an international divorce?

If you are asking yourself, “How does international divorce work?” you’re not alone in this. Many people going through international divorce feel overwhelmed and confused because they do not know where to begin, and they believe there is much more to the process. However, the process is much like a normal divorce, only that it takes longer.

The first thing you must do is serve your spouse with the filed petition. You can do this by having someone hand it to them or send it via mail. You can publish the information in a local newspaper if you don’t know your spouse’s location. Ensure you adhere to the legal processes in the country where your spouse is located to ensure your petition is successful. Secondly, you should file the papers with the court and prepare to attend a hearing.

What is dual filing?

The dual filing occurs when you file a petition in the U.S. and your spouse files another one in a foreign country. For the U.S court to continue with the case, they will consider the following:

  • If some or all the property involved is in the state where you’ve filed the case
  • If the foreign court has a lower interest in the divorce than the state’s court, even if you’re both domiciled in the U.S
  • If one or both parties live in the state and the case was filed in the U.S.
  • The U.S. domiciled partner would face serious hardship if pushed to participate in the filed case abroad.

You also want to make sure you meet the residency requirements in the United States if you plan to file your divorce here. Not meeting the requirements can prevent you from moving forward.