The Specifics of Getting an International Divorce in Arizona
Divorce procedures are not always straightforward. More often than not, some complication will pop up to delay the finalization of the separation. If you live in Arizona but your spouse lives somewhere else in the world, you will have to deal with an array of challenges. Obtaining an international divorce in Arizona is still possible. The separation is not going to be particularly challenging if the family doesn’t have children and the division of assets is straightforward. Other families, however, will experience some complications pertaining to the jurisdiction that’s going to apply.
Residency Requirements and Regulations
Each state has its residency requirements for the divorce filing to become possible.
To go through the Arizona divorce filing, either spouse must have been in the state for 90 days before the divorce filing. More information about the requirements can be found in Arizona Revised Statutes 25-312.
Since Arizona is a no-fault state, there aren’t additional complex requirements as far as divorce filing goes. There will be no need to establish somebody’s guilt and responsibility for the dissolution of the marriage. It’s simply enough for either partner to file the required documents with an Arizona court.
Whenever children are involved, the minimum residency requirement for the filing party is extended to six months.
Getting Divorced in Arizona When Your Spouse Is Out of the Country
As already mentioned in the previous section, it’s enough for just one of the spouses to be an Arizona resident in order to initiate the legal divorce proceedings.
It does not really matter where the couple was married and if one of the spouses is currently abroad. The residency requirement for the person filing the documents will have to be met. Once you file the petition, you will be given 120 days to serve notice to your spouse. The timeframe has to be met, otherwise the case is going to get dismissed.
This is the part of the divorce process that can get somewhat complicated. The local service of process laws in the respective country will apply. When a person lives in a country that has accepted The Hague Convention, these regulations will apply to the serving of the divorce notice.
A US divorce attorney can check out the procedure and advise you about the steps to follow in order to meet the 120-day deadline.
Usually, mediation will take place as a first stage of the divorce proceedings. A mediator will work with the two spouses to settle many of the divorce points out of court. Often, mediation can take place via online chat and live streaming. Thus, the spouse who is not currently in Arizona will not have to travel to the US in order to complete the process.
Arizona Court Will Make the Next Decision
Once the divorce proceedings reach the courtroom, the Arizona court will have to figure out what jurisdiction applies to your spouse and how the case is going to move forward.
Are you going to seek child custody? Are there any complications pertaining to the division of property? Such questions will have to be answered in order to determine if Arizona regulations are going to apply to all aspects of an international divorce in Arizona.
Keep in mind that these procedures apply to two US citizens who are getting divorced while one of them is living in another country. When an Arizona resident is married to a foreigner who does not have US citizenship yet, things can be a bit more challenging.
If you find yourself in the situation of attempting to divorce someone who is not a US citizen, you will have to consult both a divorce and an immigration attorney.