International Divorce in Washington State: Serving a Spouse Who Lives Abroad

Marriages and long-term partnerships end for many reasons. Forging a shared life together requires a significant commitment, and many couples find it difficult to stay together over years or even decades. Over the years, much research has been done that explores the various reasons or factors that can lead to a divorce. According to one study, the participants endorsed the following top reasons for divorce: “growing apart, not being able to talk together, and how one’s spouse handled money.” While some relationships end because of a one-time, dramatic event (such as infidelity), others simply wane over time as the spouses drift apart and develop different values. Regardless of the reason for seeking a divorce in Washington state, it’s important to recognize that you have several options for ending your marriage and laying the foundation for a bright and secure future. Although every divorce has its fair share of challenges to navigate, international divorces can be particularly daunting for Washington residents whose spouses live abroad. 

If you are beginning to explore our options for navigating an international divorce from Washington state, it’s worth enlisting the guidance and support of a highly experienced and caring Seattle international family lawyer who can answer your questions, address your concerns, and help you understand what to expect as you move through this process. Let’s take a closer look at how to serve divorce papers abroad and pursue a divorce with a foreign spouse in Washington state. 

Can You File For Divorce in Washington State If Your Spouse Lives Overseas?

First, it’s important to understand that Washington allows you to file for a divorce even when your spouse is overseas. The only requirement is that you can demonstrate that you are a resident of Washington state at the time you file for divorce. Under RCW 26.09.030, a resident of Washington meets one of the following situations: (1) They are a resident of Washington state; (2) Their spouse is a resident of Washington state; (3) They are a member of the armed forces and stationed in Washington at the time the divorce is filed; or (4) Their spouse is a member of the armed forces and is stationed in Washington at the time they file for divorce. This means that a Washington resident may file for divorce at any time, regardless of whether their spouse is in the same country. As long as you meet the residency requirement, you can initiate divorce proceedings to legally end your marriage.

Serving Divorce Documents Internationally

If your soon-to-be ex-spouse lives overseas, you will need to have the divorce documents served on them. However, the service of process rules can vary depending on the country in which the other party resided. These matters are handled according to the terms set by the Hague Service Convention, which lays out the methods by which a U.S. resident can serve a spouse in another country, provided that the country is a member of the Convention. 

Serving Divorce Papers in Countries That Are Members of the Hague Convention

As of 2024, there are 84 countries that are members of the Hague Service Convention, including the United Kingdom, Canada, Japan, France, and many other countries. If your spouse is currently in one of the member countries, you can serve them internationally in one of three ways. First, you can serve them with divorce papers through the country’s Central Authority, which is often a designated government agency that receives and carries out service of process requests. Or, you can hire a foreign process server to serve the divorce petition and summons on your spouse in the country where they currently reside. The third option is to have your spouse served by mail, but you will need to have proof that your spouse received the petition and summons in the mail (i.e., you can require a proof of receipt to be delivered to you when the documents arrive). However, it’s worth noting that not every country offers these three options—some countries, like Korea and Mexico, require you to only use the Central Authority in order to have papers served on another party in that country. If you have specific questions about how to serve divorce papers abroad, please get in touch with a caring and knowledgeable Seattle divorce attorney today. 

Serving Divorce Papers on Spouses in Countries That Are Not Members of the Hague Service Convention

Since not all countries are members of the Hague Service Convention, such as Afghanistan, Cuba, and Malaysia, you will need to explore your options for having divorce documents served on a spouse located in one of these countries. Depending on which country in which you will need to have the divorce paperwork served on your spouse, you may seek these services through diplomatic or consular channels, by mail, or via publication. It’s best to consult an experienced Seattle international divorce attorney for the customized legal guidance you need to proceed with greater clarity and confidence. 

How International Divorce Affects Custody and Property Division

As you can imagine, property division and child custody determinations in an international divorce can be extremely complex and challenging to navigate without the guidance of a trusted and highly skilled Seattle international divorce lawyer by your side to look out for your best interests. Let’s take a look at how the international divorce process in Washington can affect asset division and child custody negotiations so you can approach these difficult conversations with greater understanding.

International Divorce and Property Division in Washington State

As a community property state, Washington law considers most property acquired over the course of a marriage to belong to both parties, regardless of which spouse acquired it. For instance, the salary earned by one spouse during the marriage is considered community property, making it subject to a fair and equitable division during divorce proceedings. However, the Washington court system does not have jurisdiction over property that is overseas. This means that the Washington court lacks the power to take certain legal actions, such as compelling a spouse living abroad to pay the spouse residing in Washington a certain amount of money in order to make the division of property more equitable. Moreover, there are complex considerations when appraising and dividing international property and assets, which may require an independent appraiser or other professional to offer their services along the way. Much of the stress and confusion of the international divorce process can be alleviated by working with a dedicated and trusted Seattle international divorce lawyer who can advocate for your best interests at every opportunity. 

Navigating Global Custody Disputes in Seattle 

Perhaps the most challenging aspect of an international divorce is negotiating child custody arrangements that protect the child’s best interests. As a parent, you are facing a confusing tangle of state, federal, and international laws that make it difficult to create a child custody agreement that gives your child a stable and secure foundation once the divorce is finalized. For instance, the Hague Abduction Convention is designed to protect children from potential international child abduction, so it’s essential to understand these provisions to avoid drastic and devastating consequences for unknowingly violating its terms. As you and your ex negotiate a child custody arrangement, factors like jurisdiction, cultural and language differences, and enforcement challenges are critical to ensure that the agreement is fair and in accordance with all state, federal, and international laws. With a compassionate and highly experienced international child custody attorney by your side, you can rest assured that the best interests of you and your child will remain safe and secure at all times.

When You May Need an International Family Law Attorney in Seattle 

Those who are approaching the divorce process often wonder whether they are obligated to hire an attorney. It’s important to recognize that the divorce process, whether occurring in Seattle or involving international considerations, can be completed without legal representation. However, due to the complexities of international divorce, it’s highly recommended that you work with an experienced Seattle divorce lawyer who understands the nuances of international divorce. Divorce is difficult and overwhelming enough when both parties live under the same roof. But with two spouses living across the globe from one another, things can become massively complicated by different laws and treaties. Hiring a dedicated legal advocate who specializes in international divorce cases is key to helping you navigate your divorce with greater ease and understanding. At the Hemmat Law Group, we believe in partnering with every client we serve to empower them to make fully informed decisions with confidence. Our goal is for you to take control of your post-divorce future, enabling you to move forward into your life’s next chapter feeling secure and optimistic about all that awaits you. 

If you are starting to explore your options for ending your marriage in Washington state, it’s helpful to work with a dedicated and experienced Seattle family law and divorce attorney who can help you understand what to expect during this process. Reach out to the Hemmat Law Group today at (206) 682-5200 to get started with a caring and trusted Seattle divorce attorney.