International Divorce in Arizona
How We Can Help With Your
International Divorce
Many Arizonans are from somewhere else, including many immigrants. Some of whom married in their homeland and moved here and now want to get divorced here. Some of whom may have divorced in another country before moving here. And, in some cases, one spouse moved here, and one remained behind.
We often get three questions regarding international law and divorce:
- Is my divorce from another country valid in the United States?
- If I got married in another country, can I get divorced here?
- If my spouse lives in another country, can I get divorced here?
Is my divorce from another country valid in Arizona?
Most likely, Arizona will recognize your divorce from another country. Arizona courts follow a principle called “ComityA principle under which an Arizona court will recognize the judicial acts of a foreign court out of courtesy and respect for the foreign court. This applies to divorces made in other countries, so long as that country afforded each party due process.Read more about Comity,” which is to accept the judicial acts of another country as a sign of respect. But there is a limitation—Arizona will not recognize an international divorce if that divorce deprived one of the spouses of “Due ProcessThis is a constitutional right to have a fair court proceeding—or, in other words, to have one’s day in Court. This generally means two things: (1) Each party has notice of any claim being made against them, and (2) they have the opportunity to be heard on the issue in meaningful…Read more about Due Process.” What that means is simply this: Did both spouses have notice of the proceedings (i.e., did they both know the divorce was occurring), and did they both have a chance to respond?
If I got married in another country, can I get divorced here?
Yes. Arizona can divorce you even if you were married in another country. You still must meet the jurisdictional requirements for divorce, which are as follows:
- To end the marriage, one of the spouses must have lived in Arizona for the last 90 days.
- To determine custody, Arizona must be the place where the children have, most recently, resided for six consecutive months or more.
- To divide the property and award either Spousal MaintenanceThese are payments made from one spouse to another when one spouse cannot financially meet their reasonable needs on their own. The law permits spousal maintenance (or alimony as it’s called in other states) for several reasons—to help maintain the lifestyle the parties enjoyed…Read more about Spousal Maintenance or Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support, Arizona must have “personal JurisdictionThe authority of a Court to hear and decide a certain issue. Each court’s ability to hear cases are defined either by a Constitutional provision, or, more commonly, by an Act of Congress (for Federal courts) or the state legislature (for state courts).Read more about Jurisdiction” over the spouse; i.e., the other spouse must have some connection to Arizona that would permit the state to divide their property. It is a complicated concept, and if you have questions whether Arizona might
If my spouse lives in another country, can I get divorced here?
Yes, as long as you have lived here for at least 90 days, Arizona can divorce you. But to decide issues with the children, Arizona needs to be the place where the children have lived for six consecutive months most recently. To divide property and award support, the Court needs personal jurisdiction over your spouse (this means your spouse needs to have a sufficient enough connection to Arizona for Arizona to exercise JurisdictionThe authority of a Court to hear and decide a certain issue. Each court’s ability to hear cases are defined either by a Constitutional provision, or, more commonly, by an Act of Congress (for Federal courts) or the state legislature (for state courts).Read more about Jurisdiction over your spouse). Arizona can “bifurcate” the divorce—that is, handle the parts of the case for which it has jurisdiction and let the appropriate jurisdiction deal with the remaining issues.
If you choose to get divorced Arizona, you must serve the other spouse. If they are living in a country that is a part of The Hague ConventionThis refers to a series of international treaties on a variety of issues. Most relevant to family are the treaties on child custody jurisdiction and service. When jurisdiction between two countries is in dispute, courts are to consider in which country the child has habitually…Read more about The Hague Convention, then you’ll need to serve in accordance with how that country has set up its procedures. For example, to serve someone living in Mexico, the PetitionThis is a court document that someone files to start a case.Read more about Petition and SummonsA Court document notifying someone that a case has been filed against them and directing them that they must either file a Response or appear at a hearing on a certain date. A summons is one of the documents that must be served on a party either through a process server…Read more about Summons must translated into English, you must fill out Request for Service Abroad, send the original English version and the translated Spanish version to the Mexican Central Authority.
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