Married Abroad? You Can Divorce Here

• ✓Residency determines jurisdiction. You file for divorce in the state where you meet residency requirements — not the state (or country) where you married.
• ✓US courts recognize foreign marriages. A marriage legally performed in any country is recognized as valid in the United States.
• ✓Most states require 6 months of residency. Some are shorter: Nevada requires just 6 weeks. Alaska and South Dakota have no minimum residency period under certain conditions. Check your state's specific requirements.
• ✓You do not need your spouse's consent to file for divorce in the US. Every state offers no-fault divorce, meaning you can file without proving wrongdoing and without your spouse's agreement.

“We married in [country], so we have to divorce there”

This is false. Where you married has no bearing on where you can divorce. A spouse may push this narrative because the laws in another country may favor them — different property division rules, different custody standards, or less protection for the financially weaker spouse. You are not obligated to divorce where you married.

Why they might want to divorce elsewhere

Some countries offer significantly different rules that could benefit one spouse at the expense of the other:

• •Less favorable property division (no community property protections)
• •Different custody standards that may not prioritize the child's best interest
• •No alimony or spousal support requirements
• •Fault-based divorce systems that can be used as leverage

If your spouse files abroad

If your spouse files for divorce in another country, consult a US family law attorney immediately. You may need to file in the US as well to protect your rights, your assets, and your custody claims. A foreign divorce decree may or may not be recognized in the US, depending on the circumstances.

We both live in the US but married in our home country

File for divorce in the US state where you meet residency requirements. This is straightforward. Your foreign marriage certificate will be accepted (you may need a certified English translation).

I live in the US but my spouse returned to our home country

You can still file for divorce in the US. Serving your spouse internationally may require special procedures (the Hague Service Convention applies in many countries), but it is absolutely possible. If your spouse does not respond, the court can proceed with a default judgment.

We have residency in multiple countries

Consult with a family law attorney about which jurisdiction offers the most favorable laws for your situation. Factors to consider include property division rules, custody standards, alimony laws, and enforcement of orders. Filing in the US often provides strong protections, especially for the financially weaker spouse.

We had a prenuptial agreement from another country

US courts may or may not enforce a foreign prenuptial agreement. It depends on your state's laws and whether the agreement meets US standards for fairness, voluntary signing, and full financial disclosure. An attorney can evaluate whether the agreement is likely to hold up in your state.

Will my foreign marriage certificate be accepted?

Yes. You may need to provide a certified English translation and, depending on the country, an apostille (an international authentication stamp). Your attorney or the court clerk can tell you exactly what is needed in your state. This is a routine process.

What if my spouse lives abroad and refuses to participate?

You can still proceed. Courts allow service by publication (publishing a notice in a newspaper) or through international service methods under the Hague Service Convention. If your spouse does not respond after being properly served, the court can grant a default judgment — meaning the divorce proceeds without their participation.

Which country's laws apply to property division?

Generally, the laws of the US state where you file. In community property states (California, Texas, Arizona, and others), marital assets are divided roughly 50/50. In equitable distribution states, the court divides assets based on what it considers fair. Property located in another country may complicate things, but a US court can still address it.

What if my spouse threatens to take our children abroad?

This is a serious concern, and the law provides protections. The Hague Convention on International Child Abduction requires signatory countries to return abducted children. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) establishes which state has authority over custody. If you believe this is a risk, talk to your attorney immediately — the court can restrict travel, hold passports, and take other protective measures.