It is becoming increasingly common for marriages to either take place outside of the United States or end when spouses are living in different countries. If you want to file for a divorce in Colorado but your spouse is currently living outside of the United States, you might be confused as to how you move forward with your divorce filing.
Such divorce filings do have the potential to become complicated, because American family law needs to interact with international law and potentially the law of the country in which your other spouse is living. Therefore, it’s a good idea that you take the time to learn about how the law applies to you before taking action in filing for your international divorce.
How to file for an international divorce in Colorado
You can file a divorce petition as you would any other divorce, by doing so at a state court. In most cases, you can only do this if you have residency in Colorado, otherwise you must file for divorce in the state that you have residency in.
The factor that makes international divorces more complicated is not specifically the procedure involved: This is generally the same. The complication often arises due to the standard legal requirement that all divorces must be personally served. This can be a problem for obvious reasons: You may have to travel to the other side of the world to serve the divorce petition, and you may not know your spouse’s location.
What are possible solutions to serving a divorce in person?
You may be able to gain a personal service waiver if the divorce is amicable, allowing you to mail the petition instead. Alternatively, you may be able to appoint a person to personally serve your spouse the divorce in his or her country. If you do not know your spouse’s exact location, service by publication could be an option. This involves posting a notice in a publication that is local to your spouse.
If you are considering filing for a divorce in Colorado but you are concerned about the international implications, it is important that you plan ahead and understand the types of complications that you may face.