How to Serve Divorce Papers to a Spouse Living Abroad From Pierce County, Washington

It’s no secret that the divorce process can be logistically complicated and emotionally taxing. Even couples who are seeking to end their marriage on amicable terms can encounter difficulties along the way, with minor disagreements escalating into contentious arguments that, in some cases, may require mediation or other forms of conflict resolution support. As you move through the steps of the divorce process in Washington State, you will be required to negotiate a number of terms to ensure that you and your soon-to-be ex-spouse can walk away from the marriage on relatively equal footing. While this does not automatically mean that an even fifty-fifty split is appropriate, you and the other party must arrive at a division of marital assets and debts that allows you both to move forward with the stable financial foundation you need to support the next chapters of your lives. 

The divorce process is hard enough when both parties live in Washington. However, it becomes even more complex when one spouse has relocated to an international location. In this situation, the other party must be served copies of the divorce summons and petition—and this process presents a few challenges for both the petitioner (the spouse filing for divorce) and the respondent (the spouse responding to the divorce petition). Serving divorce papers internationally can be challenging, as it requires some familiarity with Washington state law, federal law, and an international treaty known as the Hague Service Convention. As you begin to explore your divorce and legal separation options in Pierce County or King County, Washington, it’s highly recommended that you enlist the guidance and support of a knowledgeable and experienced Seattle divorce attorney who can help you identify the most strategic path forward that will achieve your goals. This post will provide an overview of the process of serving divorce papers abroad and how enlisting the guidance of a trusted and caring divorce lawyer can maximize your chances of securing your desired outcome as smoothly as possible. 

Defining International Service of Process

Serving divorce papers out of the country is governed by more rules and guidelines than the process of serving divorce papers within the same state. The term “international service of process” means that one spouse (residing in Washington) is serving process (i.e., the divorce paperwork) to a spouse who is located outside of the United States. In most of these situations, the Washington resident will be serving a spouse who is residing in another country. However, it’s important to recognize that residency is not the determining factor influencing the international service of process. Instead, the location where your spouse is served is what counts. For example, if your spouse has moved to France, but you know they will be visiting their parents in the Seattle area for the upcoming holidays, you can hire a process server to serve your spouse at their parents’ home during this time. In this case, international service of process does not apply. In contrast, if your spouse still resides in Washington but travels to Canada for a week spent with friends, international service rules apply if you decide to serve your spouse divorce papers at their friend’s house in Canada. Simply put, permanent residency matters less than the location where the actual service takes place. 

What is the Hague Service Convention?

Another important aspect involved in serving divorce papers internationally is the Hague Service Convention. Essentially, this is an international treaty that articulates the procedures for international service of process among its member countries (i.e., Australia, India, Mexico, Canada, Singapore, South Korea, most European countries, and many others). This treaty applies to all civil cases, including divorce, child custody, child support modification, child relocation, and protection order matters. According to the United States Constitution, international treaties like the Hague Service Convention supersede any conflicting state or federal service of process rules. In other words, the Hague Service Convention prevailed over Washington state divorce laws when they contradict one another. Under the Hague Service Convention, parties filing for divorce in Washington generally have a few options for serving their spouse internationally, which are discussed below.

Article 5 Service: Central Authority

Article 5 of the Hague Service Convention states that each member country must designate a “Central Authority” to receive written service of process requests initiated by other member countries. To do this, you will need to complete the necessary paperwork (referred to as the Hague Service Request) with your attorney’s information, the names and addresses of both spouses, a list of all documents to be served, and the Court’s name and address. You may also need to have the documents (including any supporting documents or exhibits, such as emails, social media printouts, or text messages) translated into the country’s official language (even if your spouse is fluent in English). Once the other country’s Central Authority receives the packet, it will send it to a local official or judicial officer to have these documents served on your spouse. This step officially concludes once you receive a Hague Certificate, which serves as proof of service, that you can file with the divorce court. 

Article 10(a) Service: Service Via Mail

Some member countries allow service through the mail. If this is the case, you can serve your spouse the necessary documents by mail, just as you would if your spouse was located in the United States. However, many member countries object to this option, so it may not be possible. South Korea, Mexico, Germany, and other member countries do not recognize this service option.

Article 10(b) Service: Competent Persons or Judicial Officers

Article 10 of the Hague Service Convention offers you the option to hire a process server or judicial officer in the country where your spouse is residing (or located at the moment) in order to have the official paperwork served on them. Unfortunately, many member countries do not recognize this option as valid, so you and your divorce attorney will need to determine whether this method is available to you. 

Complying With the Hague Service Convention is Essential

Whenever a spouse needs to be served in another country, regardless of where their permanent residence may be, the filing party must comply with the terms set forth in the Hague Service Convention. Neglecting or ignoring its rules and procedures can result in invalid actions or even prolonged logistical headaches. Since these matters tend to be nuanced and challenging for the average person to interpret and comprehend, it’s highly recommended that you seek the counsel of an experienced and trusted Washington divorce attorney to help you navigate the complexities of these matters with greater ease. It’s also important to understand that the bureaucracy involved in the international service process can slow down the timeline considerably, and there is nothing you can do to expedite this process. Your attorney can answer your questions and help you adjust your expectations so that you are better equipped to navigate this uncertain period.

How to Serve Divorce Papers Overseas When the Country Has Not Adopted the Hague Service Convention

As we’ve explored a bit in the sections above, some countries have not opted into the Hague Service Convention. In fact, the majority of other countries are not members of the Hague Service Convention, meaning that its international service of process rules do not apply in places like Algeria, Iran, Thailand, Indonesia, Honduras, or many other countries. So, how does the process of serving divorce papers abroad in these countries differ? When the Hague Service Convention does not apply, Washington state laws govern the service process. In other words, having your spouse served in Thailand would look similar to having them served in Washington or another state. Under Washington Superior Court’s civil rule 4(i), you can use service by mail (as long as you can obtain a signed receipt) or hire someone to serve the paperwork on your spouse. Or, you have the option of using “electronic service” (i.e., email) to accomplish this task. As long as the method you choose provides the other party is “reasonably calculated” and provides your spouse with “actual notice” of the divorce case, you can select the service method that best suits your needs. 

Learn More About Filing For Divorce in Washington State Today

Grappling with the ending of your marriage is understandably difficult. As you sort through heavy emotions like grief, sadness, and loss, you are also faced with navigating logistical tasks and making important decisions that will affect the next chapter of your life. Additionally, if your divorce involves serving a spouse who is located abroad, there are legal considerations you must assess as you move forward. The Hague Service Convention can seem intimidating and confusing, but enlisting the help of an experienced Seattle divorce lawyer who can guide you through every step of this process can give you the peace of mind you need during this overwhelming time. 

For decades, the Hemmat Law Group has diligently served individuals, families, and parents throughout the Pacific Northwest. As a boutique law firm based in Seattle, Washington, we possess extensive experience in family law, divorce, and child custody matters. If you are considering obtaining a divorce, we invite you to call our office at (206) 682-5200 to get started with a client-centered and compassionate divorce and legal separation attorney.