Divorce can seem intimidating when your spouse resides abroad, but geographic distance does not eliminate your right to dissolve your marriage. If you satisfy New York’s residency criteria and adhere to the regulations governing international jurisdiction and service, the New York State Supreme Court can typically finalize your divorce. Please continue reading as we explore what you should know about these matters and how an experienced Suffolk County Divorce Attorney can help you navigate this complex process. 

Can You Divorce a Spouse Who Lives in Another Country from New York?

Yes, you can obtain a divorce in New York even if your spouse is living outside of the country. You can pursue a divorce as long as you meet New York’s residency requirements (often six months to two years before filing) and properly serve your spouse through international legal channels like the Hague-Convention or local laws.

Regardless of where your spouse resides, New York law mandates that they receive legally sufficient notice of the divorce action and an opportunity to respond, a requirement rooted in due process. Incorrect service jeopardizes the final judgment, as your spouse could later challenge it for lack of proper notification.

What Steps Should I Take If I Want a New York Divorce and My Spouse Is Abroad?

For divorces involving international factors, which add complexity at nearly every stage, securing early legal counsel is essential. A qualified New York family law attorney provides instrumental guidance, preventing costly errors and delays. They are equipped to:

  • Confirm you meet New York’s residency requirements.
  • Determine the proper county for filing, typically based on your residence.
  • Develop a strategy for the legal service of documents to your spouse in their country.
  • Anticipate and address potential complications regarding child custody, support, and asset division.
  • Coordinate with foreign legal representation as needed.

By setting realistic expectations and staying organized, you can effectively manage the process without becoming overwhelmed. Even a preliminary consultation can be invaluable before you formally initiate the divorce. Gathering the following materials will be crucial for your attorney to address jurisdiction, service, property division, support, and custody issues:

  • Spousal Information: Name, date of birth, and, if known, their current address.
  • Property Documentation: Records of all marital property, both within the state and in any foreign locations.
  • Personal and Immigration Documents: Passports, birth certificates, and immigration records for yourself and any children.
  • Proof of New York Residency: Documentation that verifies your New York residency, such as leases, utility bills, or tax returns.

Be aware that international divorces typically require more time and involve greater complexity than purely domestic cases. The extended duration is often due ot factors like:

  • International requirements for serving legal documents.
  • Difficulties in scheduling appointments (time zone differences)
  • The necessity for translations of foreign documents.
  • Potential involvement of foreign courts or agencies in the process.

If your spouse resides outside the country and you are contemplating divorce, it is in your best interest to seek the assistance of an attorney at the Law Offices of Susan A. Kassel, P.C., who can help you end your marriage.