International Divorce

Although technically you can go through the process of divorce without an inernational divorce attorney, we would strongly recommend seeking assistance if you are going through a divorce or separation that involves international cosiderations.

Whether one or both parties have international or joint citizenship status, are living overseas, have a family with children born overseas, or a number of other international considerations, trying to work out the legal options can be very complicated.

Divorce is difficult enough when both parties are living in the same house, but when parties live in different countries, bound by different laws and treaties, it can get very tangled, very fast.

Hiring a specialist international divorce attorney is essential to ensure you can untangle the difficult legal jargon. Hemmat Law Group has a lot of experience working with international cases, and knows how confusing and intimidating it can be. We promise to advocate for you and explain all that’s going on and what your options are.

Yes, but how easy that process is depends on your situation. Generally speaking, an international divorce process will be longer, more complicated and more expensive, but the initial filing process is similar.

First, you need to speak with our International divorce attorneys, and we will evaluate your case and explain the options. We would file for a divorce in Washington sate, and file a petition of the Dissolution of Marriage.

Serving your spouse when they are not in the country is obviously harder to accomplish. If you are divorcing on good terms, you can find a way to serve them directly or have them sign a Service Accepte form, so that you do not need to serve in person.

If the end of the relationship has been contentious and you are not divorcing on good terms, you can potentially hire a professional server who will serve them in the country they are residing in directly. At Hemmat Law Group, our international divorce attorneys can work with you to understand the options and find logistical solutions.

If two (or more) countries technically have jurisdiction in a divorce case, the complexity of asset division and jurisdiction can not only be challenging, but can also mean that your case will not be decided in the US. Particularly in cases of acrimonious divorce, it can become a race to who can file first, and whoever starts the proceedings could end up with an advantage on the final decision. Sometimes, depending on the country and legal agreements in place, a divorce will be decided in the court in which the proceedings were first initiated. On other occasions the divorce case might go ahead in both countries, but would be decided by whichever court rules first.

Sometimes, a court may also decide that the court in another country is better suited to make a decision, and will renounce jurisdiction.

So, if a spouse is planning to file for divorce outside of the US, it is vitally important to seek guidance from an international divorce attorney swiftly to understand your options immeditately.

Washington has a minimum 90 day waiting period before the courts can grant a divorce by law, and a divorce decree can take up to 11 months. International divorce cases generally take much longer than other cases because of the extra detail to work through. Our international divorce lawyers can talk with your about your specific case and come up with a roadmap for the process to give an idea on how long it could take to finalize.

This will vary greatly. Every family is different, and costs are primarily driven by your objectives and how the other party reacts. Additionally, international divorces may also require involving specialists and overseas professionals to act on your behalf in the country your spouse is residing.

This makes predicting costs notoriously difficult and unreliable even with extensive experience. What might take a few thousands for one might take tens of thousands for another. We offer bespoke evaluations of your case so we can try and give you a roadmap of the journey ahead, so please get in touch with our international divorce attorney team.

Going through an international divorce can be extremely stressful and confusing. For couples with children, the added complexity concerning child custody and support in an international divorce case can be very challenging. Our international divorce solicitors have a thorough and up to date understanding of international treaties (such as the Hague Convention on Child Abduction) and foreign laws.

We also work with parents to ensure that parenting plans take into account the cultural background of the parents where appropriate and beneficial, including recognizing the child’s exposure and experience with different countries already and maintaining access to cultural practices.

Like all states in the union, Washington is a “No-Fault” divorce state. If one spouse wants a divorce, they will get one no matter the thoughts of the other party. In the same vein, the court does not ask why the relationship is ending.

When it comes to international divorce, it depends if the divorce has been initiated out of the country. Speak to our international divorce attorneys to discus the specific details of your case.

Washington is a community property state, and barring a few exceptions, most property acquired during a marriage is considered community and is subject to a “fair and equitable division”. However,Washington State courts does not have jurisdiction over international property. The court does have the power to take certain legal actions, for example, ordering one spouse to pay the other spouse a certain monetary amount in order to make the division of property equitable or to ‘buy out’ the other spouse. But there are complexities in appraising and dividing international property and assets. You may need to hire an appraiser or notary in another country, or require a legal or financial expert in the country the assets are in.

Using an international divorce lawyer can really help to alleviate the stress of the process.

This is frustrating, but our office has extensive experience with dealing with uncooperative partners who are overseas. We have tools not available to the public to track them down and serve them. If needed, we can also request that the court permit service by mail to the last known address, or service by publication in a journal of general circulation, as well as using international contractors to track them down in other countries.