International Divorce

Which Country Can Dissolve the Marriage

If you or your spouse fulfill the residency requirements, either of you might be able to file for divorce in Texas. To qualify for a divorce in Texas, either partner must have been living in Texas for six months before filing the divorce petition, and in the county where the petition is filed for at least 90 days. If a divorce petition is filed in Texas, the court can claim jurisdiction over a spouse residing in another country if the couple's most recent marital residence was in Texas, and the petition is filed within two years of the end of the marital residence.

A divorce obtained in the United States could be acknowledged in another country. However, some countries may refuse to recognize a divorce as valid if one spouse's rights were unjustly affected or if divorce is not permitted in that country. In general, divorces granted in another country are also recognized in the United States, provided that both spouses were notified of the divorce and given an opportunity to be heard.

Division of Property

Dividing property in an international divorce can be a challenging process, as it requires determining which country's laws will govern the division. Although there is a treaty specifying which country's laws may apply, only a few countries are parties to this treaty. As the rules regarding spousal maintenance and division of assets differ between countries, it is crucial to consult with an attorney to understand your rights if your divorce was filed in another country.

In Texas, whether the court can distribute any property in a divorce case depends on its jurisdiction over the property and the spouses. The court will determine whether the property is marital or separate. If the property was acquired during the marriage, it will likely be considered marital and subject to equitable distribution.

If the marital property is located outside of Texas, the court will assess its value before deciding how to divide it. The court may order the sale of the property and divide the proceeds or compel one spouse to transfer their interest in the property to the other. If you and your spouse live in different countries and are considering divorce, it's important to seek legal advice to understand the potential impact on your rights.

Speak with an Experienced Divorce Attorney

Getting a divorce in an international setting can come with distinctive difficulties, and if not managed properly, may lead to unfavorable outcomes. At Wilson Whitaker Rynell, we have the expertise to guide you through the intricate process of obtaining an international divorce, and we will make every effort to protect you and your rights. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.