Can I Get A Divorce If My Spouse Lives In Another State Or Country?

Divorce proceedings can become more complex if you want to file for divorce and your spouse lives in another state or a different country entirely. However, that is not to say the divorce process is impossible. There are simply likely to be various complications and potentially other hoops you must jump through, depending on the specifics of your situation.

Here at Cannon & Associates, we know that the decision to file for divorce is rarely an easy one. There is a lot to consider, even before the added complexity of divorcing an out-of-state spouse. Depending on how amicable your divorce is likely to be, you may need to consider official paperwork, child support arrangements, child custody divisions, how assets will be split, and many other factors.

That is why a divorce lawyer from our law firm will always bring their wealth of experience, skill, and compassion to your case to try to ensure that everything runs as smoothly as possible. We will stop at nothing to minimize friction, settle conflict, and fight for the best divorce settlement for you.

Let us make your divorce filing process as easy as possible. Call 405-591-3935 for a free consultation.

Divorcing A Spouse Who Is Not In The Same State

Thankfully, the answer to the question of ‘Can I get a divorce if my spouse lives in another state or country?’ is usually yes.

The minimum requirement for a divorce in Oklahoma’s state laws is a residency requirement. This requires that you or your spouse need to have been an actual Oklahoma resident living in the state for at least six months before you can file for divorce. Furthermore, you must have spent the previous 30 days inside the state.

Being able to provide evidence of fulfilling Oklahoma state’s residency requirements can be essential here. You may choose to show the court your driver’s license, a voter registration card, or the lease agreement for your in-state home.

These laws do not apply to residents of U.S. Army posts or military reservations.

You Will Still Need To Serve Divorce Papers To Your Out-Of-State Spouse

Unfortunately, even if at least one spouse meets the residency requirements, things can still be complicated.

This is because you must properly notify your spouse that you are filing for divorce. As such, they must be served with a copy of the divorce summons, the divorce petition, and all other necessary documentation – essentially everything involved in the usual in-state serving process associated with a divorce case.

Depending on the details of your situation, you may be able to serve these documents to your spouse through certified mail. You may also be able to hire an attorney or process server to serve your spouse on your behalf.

Once these papers have been served, the Oklahoma state court will have personal jurisdiction over your errant spouse. However, if you do not know where your spouse is, serving these papers may be easier said than done.

What If You Cannot Contact Your Spouse To Serve The Initial Petition?

Unfortunately, it is not uncommon that one spouse may not know where the other spouse currently resides. This can make filing for divorce more difficult, as the other spouse will still need to be properly notified.

It may be possible for you to uncover the location of the spouse by discovering a forwarding address, by talking to friends or relatives, or through internet research. There are many other avenues possible, such as the use of a personal investigator. A lawyer may also be able to help guide you in your search.

Courts in some Oklahoma counties may allow you to practice service by publication. This is where the divorce summons is published in a newspaper that has the authorization to print notices of a legal nature. This can take the place of a physical serving.

If you are unsure how to proceed in a situation where you have no idea where your spouse resides, call us today for a free consultation to explore your options.

How Do You Serve Divorce Papers If Your Spouse Lives In A Foreign Country?

Depending on the situation, the filing part of a divorce process can be even more complex if your spouse now lives in another country.

First, you should contact a lawyer to ensure that you are doing everything properly. If you do not properly follow the country’s process laws, that country may refuse to recognize, and therefore enforce, your divorce petition.

Usually, the process will involve getting in touch with the foreign country’s embassy or the U.S. Department of State. The laws of the country in question and any treaties with the United States will then determine how the divorce proceedings take place. If there are treaties between the two countries, it is likely that the Hague Service Convention procedures will also need to be followed.

Similarly to when you file for divorce with an out-of-state spouse, there should be ways to serve your spouse without you needing to physically go to their country. You may be able to use a process server, attorney, or certified mail.

Out-Of-Country Divorce Proceedings Involving Children

There will be additional requirements on your divorce petition if your spouse is outside of the United States and the two of you have children.

In this case, your summons and the petition when you file for divorce need to comply with the Uniform Child Custody Jurisdiction Act, as well as the federal Parental Kidnap Prevention Act. You must ensure you are in compliance before you serve your spouse. Your Oklahoma divorce attorney will be able to help you with this.

How To Choose Which State To File For Divorce In?

If both spouses reside in different states, or if either of you meet the residency requirements for multiple states, it can be difficult to know which state to file for divorce in.

It is important to realize that different states will handle divorce cases in different ways. Most states will have different laws surrounding divorce, including the equitable distribution of marital property, child support or spousal support agreements, and child custody arrangements. These have the potential to impact what your final divorce settlement could look like.

Again, this situation is likely to look different depending on the circumstances of your divorce. A married couple going through an amicable breakup who agree on the divorce terms may look to see which state’s laws offer the quickest, smoothest path to separation.

However, if your spouse is living in a different state and the divorce is likely to be a messy one, full of disagreements and requiring arbitration or a settlement in court, the state with jurisdiction over the process can make a big difference. Generally speaking, the first petition to be filed will determine which state takes jurisdiction of the case.

Full Faith and Credit For Recognizing Divorces

Usually, other states must recognize your divorce, even if it was granted in a different state. This is due to the provision of the Full Faith and Credit clause in the Constitution of the United States. This clause states that all states must uphold any valid court order from different states.

However, situations do exist in which a state can lawfully not recognize a divorce ordered from other states. This is usually due to one of the following situations:

If you did not properly notify and serve your spouse when filing for divorce.
If the state court that the court orders came from in the first place never had the authority or jurisdiction to decide the divorce case.
If you did not meet the residency requirements in the state where the divorce case was decided.

This is why it is essential that you fulfill all of the above criteria when you file for divorce. Even if you think you meet the residency requirements, make sure you provide proof in the form of a driver’s license, voter ID, or other proof to ensure that these residency requirements are met in the eyes of the court.

If you are unsure about any of the above, an experienced divorce lawyer from our firm can help you.

Contact Us For Assistance With Your Out-Of-State Divorce Petition

We understand that when you file for a divorce, it is likely that you want the most favorable divorce settlement possible with the least amount of friction and complication involved in the process itself.

However, unfortunately, spouses filing for a divorce when their spouse resides either in a different state or a different country may encounter difficulties in several ways. It could be that your spouse moved recently and you have no idea how to contact them to serve them. It could be that you are unsure of the jurisdictional requirements of the states where it is possible for you to file for divorce. Whatever your query, confusion, or concern, our family law firm can help you.

Here at Cannon & Associates, our legal team has a wealth of experience handling the complexities of multi-state divorce cases across many states. It all starts today with a free consultation, where we can tell you what to expect from your divorce journey.Make your divorce process as painless as possible. Call Cannon & Associates today at 405-591-3935.

If you reside in Texas and require legal assistance with your divorce, consider visiting The 7 Best Divorce Tips blog for helpful information and resources.

Your fierce advocates® in
criminal defense and family law

Child Custody

Criminal Record Expungement

Divorce

Domestic Violence Accusations

Drug Crime Defense

DUI Defense

Federal Criminal Defense

Guardianship

Military Criminal Defense

Military Divorce

Our Client Reviews

More 5-star Reviews Than 99% Of Lawyers In Oklahoma

"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."

- HOLLY ROSE

"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."

- SHARON PINKARD

"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."

- LEXI COYLE

"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."

- ALAN MERRIMAN

"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"

- MICHAEL RICKARD

"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"

- ASHLEY

"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."

- ATTORNEY COLLEAGUE

"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."

- LAQUITA

"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."

- TARA

"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."

- DUDLEY

"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."

- ZAVIEN

"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- A FORMER CLIENT

"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."

- CHRIS

"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."

- CANDICE

- TARA

"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"

- DOMINIQUE

"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"

- ANONYMOUS

"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- S VANZANTE

View More Reviews