Q: How do I get a divorce if I live in another country?
I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an international divorce a possibility?
A:
You can get divorced in Ecuador since you are a permanent resident of Ecuador now.
Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically, this means that the responding spouse must be provided notice and an opportunity to be heard. "Agreed" decrees of divorce are typically afforded recognition under the principle of comity. Decrees from "contested" proceedings are typically afforded recognition under the principle of comity as long as both parties participate in a fair adjudicatory proceeding.
Where problems usually arise is when a decree of divorce is granted by default or without notice to one of the spouses. Although not applicable to your situation, problems also arise when a spouse obtains a foreign divorce against a Texas resident.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
