How Do You Divorce A Spouse Who Is In A Foreign Country?

International Child Custody, Property Division, and Legal Challenges in Texas Divorce Cases

You’re in Texas, trying to move forward with your life, but your spouse is living in a different country. Maybe they’ve relocated for work, returned to their home country, or left the marriage altogether. Either way, the reality is this: you’re ready to end the marriage, but the process seems overwhelming with an international barrier in the way. How do you handle divorce papers, custody battles, or dividing assets when your spouse is thousands of miles away?

The good news is that even if your spouse is in another country, Texas law provides clear steps for getting divorced. Yes, the process may have extra layers, but with the right approach, you can work through it—and that’s exactly what this guide will help you do. Let’s break it down, step by step, so you can confidently move forward.

Can You File for Divorce in Texas?

The first step is determining whether Texas courts can handle your divorce, given that your spouse lives abroad. Luckily, Texas has straightforward rules on this. You’re eligible to file as long as you’ve lived in Texas for at least six months and in your specific county for 90 days. According to Texas Family Code § 6.301, the state courts have jurisdiction over your case, even if your spouse isn’t physically in Texas.

Here’s a quick look at the residency requirements for filing in Texas:

So, yes, you can file for divorce in Texas. But that’s just the first hurdle. Now, you’ll need to follow the process carefully to make sure everything is legally sound, especially when international factors come into play.

How to File for Divorce in Texas

Once you know that Texas courts have jurisdiction, it’s time to file the divorce petition. This step is similar to any other divorce case. You’ll file an Original Petition for Divorce with the district clerk in your county. Since Texas is a no-fault state, you don’t need to prove that anyone did something wrong. You can simply file on the grounds of “insupportability,” meaning the marriage can’t be saved due to conflict or differences (Texas Family Code Section 6.001).

However, the international nature of your case will require more attention when it comes to serving papers. This can be a challenge depending on the laws and systems in your spouse’s country.

Serving Divorce Papers to a Spouse Abroad

Serving legal documents to a spouse who is out of the country is where things get tricky. Texas law requires that you serve divorce papers to your spouse, even if they are overseas. According to Texas Rules of Civil Procedure Rule 106, you must ensure that your spouse receives the papers properly, or your case can be delayed or even dismissed.

Here are your options for serving divorce papers internationally:

If you don’t get this right, your spouse could later challenge the divorce, which is why following the correct procedure is critical. Make sure to confirm whether your spouse’s country is part of the Hague Convention or requires a more manual approach like a letter rogatory.

How Do Texas Laws Interact with Foreign Laws?

Now that you’ve filed and served your spouse, you’re ready to deal with the next potential complication: the differences between Texas law and the legal system in your spouse’s country. Texas courts will primarily follow Texas law, but property, custody, and financial matters can get complicated if foreign laws conflict with Texas rulings.

For instance, Texas is a community property state, meaning that property acquired during the marriage is generally divided equally between spouses (Texas Family Code Section 3.002). But if your spouse lives in a country with different rules on property ownership, you might face challenges enforcing Texas property division overseas. In these cases, having a lawyer with experience in international divorce is a huge advantage.

What If Your Spouse Files for Divorce in Their Country?

Let’s say your spouse gets ahead of you and files for divorce in their home country. Will Texas still recognize the divorce? In most cases, yes. According to Texas Family Code Section 6.308, Texas courts recognize foreign divorces as long as the foreign court has proper jurisdiction over both spouses and follows its own laws.

However, if the foreign divorce doesn’t meet Texas legal standards or there’s a dispute about property or child custody, you may need to take extra steps to protect your rights in Texas. Consult with a Texas attorney to ensure everything is in order.

Handling Child Custody and Support Across Borders

If children are involved, international custody issues add another layer of complexity. Texas courts will always consider the best interests of the child when making custody decisions (Texas Family Code Chapter 153), but enforcing those decisions when one parent lives abroad can be difficult.

The Hague Convention on the Civil Aspects of International Child Abduction provides some legal support for parents dealing with international custody disputes. This treaty helps ensure that children aren’t wrongfully taken across borders without both parents’ consent. If your spouse tries to move your children to another country without your permission, the Hague Convention can provide a legal framework to bring them back.

When it comes to child support, Texas courts can issue orders under Chapter 154 of the Texas Family Code, but getting those orders enforced in another country depends on whether that country has a treaty or agreement with the U.S. If they don’t, enforcing child support payments could require additional legal steps.

Dividing Property When Your Spouse Lives Abroad

Texas law requires an equitable division of community property—assets and debts that you and your spouse acquired during the marriage. This is governed by Texas Family Code Section 7.001. But if your spouse has property or financial assets in another country, it can be much harder to divide them fairly.

In some cases, your spouse might try to hide assets abroad, or the foreign country’s laws may make it difficult to get accurate financial information. Working with a lawyer who has experience with international property issues is crucial to ensure you receive your fair share of the marital assets.

Here’s a quick look at the steps for filing an international divorce in Texas:

1. Determine Jurisdiction: Ensure Texas courts have jurisdiction based on residency.
2. File the Petition: Submit the Original Petition for Divorce in the appropriate Texas county.
3. Serve the Papers: Use one of the approved methods for serving your spouse abroad.
4. Handle Foreign Legal Issues: Work with a lawyer to address conflicts between Texas and foreign laws.
5. Manage Custody and Property: Follow Texas law while coordinating with foreign courts on assets or children.

What If Your Spouse Lives in Mexico?

If your spouse is living in Mexico, you’ll still follow the general Texas divorce process, but there are some specifics to keep in mind. Since Mexico is a close neighbor and many Texas residents have ties to the country, divorcing a spouse in Mexico brings up some unique considerations.

Serving Divorce Papers in Mexico

Mexico is a signatory to the Hague Service Convention so that you can serve divorce papers through this treaty. The process is formal and ensures that the papers are legally recognized in both the U.S. and Mexico. However, this can still take time, as it involves working through both legal systems.

If the Hague Service Convention proves too slow or ineffective, you may opt for private process servers specializing in serving papers in Mexico. Just be sure to verify that this method is acceptable to both the Texas court and Mexican authorities.

Enforcing Child Support and Custody Orders with Mexico

Mexico and the U.S. have cooperative agreements regarding child support and custody orders, making it easier to enforce these rulings across borders. If your spouse lives in Mexico, child support orders may be enforced through these agreements, and vice versa.

However, even with these agreements in place, international custody disputes can become complicated if your spouse fails to comply with court orders. The Hague Convention on Child Abduction applies to Mexico as well, which helps protect your rights if your spouse takes your children to Mexico without your permission. Working with an attorney who understands both Texas and Mexican family law will make the process smoother.

Property Division

Dividing property with a spouse in Mexico can get tricky, especially if they own property or financial assets in Mexico. Mexican laws regarding property ownership differ from Texas’s community property laws. You may need to work with both a Texas attorney and a Mexican legal expert to ensure you get a fair share of the assets.

FAQ: Divorcing a Spouse Who Lives in a Foreign Country While You Live in Texas

Can I still get a divorce if I don’t know where my spouse is located?

Yes, it’s possible, though more complicated. Texas law allows for service by publication if you have made every effort to locate your spouse but cannot find them. This means you can publish a notice of the divorce in a local newspaper to fulfill the requirement of notifying your spouse. However, this process requires proof that you’ve made diligent attempts to locate them, and it’s advisable to consult with an attorney to ensure everything is handled correctly.

What happens if my spouse ignores the divorce papers?

If your spouse fails to respond to the divorce petition after being properly served, the Texas court may proceed with a default judgment. This means the court can grant the divorce without your spouse’s participation. The court will decide on issues such as property division, child custody, and support based on your information.

Will my divorce take longer because my spouse is in another country?

An international divorce can take longer, but the timeline depends on various factors, including how long it takes to serve papers, whether your spouse contests the divorce, and whether there are complex issues like international custody or property division. Serving papers internationally can take several weeks or even months, especially if your spouse resides in a country that does not cooperate with U.S. legal processes.

Can I get divorced in Texas if we got married in another country?

Yes, you can file for divorce in Texas even if the marriage took place abroad, as long as you meet the residency requirements (living in Texas for six months and your county for 90 days). The location of the marriage doesn’t affect Texas’s ability to handle the divorce, but international factors may come into play when dividing property or resolving custody issues.

How does an international divorce affect spousal support?

Texas courts can issue spousal maintenance orders if one spouse qualifies under Texas law (such as in cases where the marriage lasted at least 10 years and the requesting spouse cannot meet basic needs). Enforcing spousal support internationally depends on the legal agreements between the U.S. and the country where your spouse resides. Some countries have treaties in place for the recognition and enforcement of support orders, but in others, additional legal steps may be necessary.

Can I force my spouse to return to Texas for the divorce proceedings?

No, Texas courts cannot compel your spouse to return to Texas for the divorce. The entire process can be handled without them physically coming back. Your spouse can hire legal representation in Texas or handle the process remotely. However, if they fail to engage with the process entirely, the divorce may proceed without their participation through default judgment.

How do I prove my spouse received the divorce papers if they live overseas?

Proof of service is critical in any divorce. If your spouse lives in a country that is a signatory to the Hague Service Convention, you’ll receive an official proof of service through that treaty’s process. If you used a letter rogatory or private process server, they should provide documentation showing the papers were properly delivered. It’s important to keep these records, as they may be needed to confirm your spouse was legally notified.

What if my spouse takes our children to another country without my permission?

This could potentially be considered international child abduction. If your spouse relocates the children without your consent, the Hague Convention on the Civil Aspects of International Child Abduction can help facilitate the return of the children. You’ll need to act quickly, as the legal process is more favorable when action is taken soon after the children are moved.

Can I use mediation or collaborative law in an international divorce?

Yes, you can try to resolve issues through mediation or collaborative divorce, even if your spouse lives abroad. Both parties would need to agree to the process, and meetings could be held virtually. This method can be quicker and less expensive than going through the courts, especially when international factors are involved. However, this only works if both spouses are willing to negotiate and communicate.

Will I need to travel to the country where my spouse lives?

In most cases, you won’t need to travel internationally to complete the divorce. Texas courts can handle the process if you meet the state’s residency requirements. Your spouse can participate in the proceedings from their location, or they may choose to send legal representation. If foreign property or assets are involved, you may need assistance from legal experts in that country, but this can often be handled remotely through your attorney.

What if my spouse is a citizen of another country?

If your spouse is a non-U.S. citizen, you can still file for divorce in Texas. The process doesn’t depend on citizenship but rather on where you live. However, international divorces involving non-citizens may face added complications, such as foreign legal restrictions, visa issues, and handling foreign assets.

Will my spouse’s immigration status affect our divorce?

No, your spouse’s immigration status does not directly impact your ability to divorce in Texas. Whether your spouse is in the U.S. on a visa, has permanent residency, or is living in another country, you can still file for divorce in Texas as long as you meet the residency requirements. However, if your spouse’s immigration status is tied to your marriage (e.g., through a spousal visa), the divorce may affect their ability to remain in the U.S., which could play a role in negotiations.

Taking the Next Step: Get Legal Help

Divorcing a spouse who lives in a foreign country is no small feat. But with the right legal team on your side, you can manage the complexities and make sure your rights are protected. If you’re facing an international divorce, the Longworth Law Firm can help you navigate every step of the process—from filing the paperwork in Texas to handling international property and custody disputes.

Contact us today to schedule a consultation and get the expert advice you need to move forward confidently. We’ll work with you to ensure your divorce is handled efficiently, no matter how far away your spouse may be.