Publication date: 14.10.2024
Long-distance divorce abroad: features and procedures
In today's globalized world, situations arise more and more often when spouses live in different countries and the question of divorce with a foreigner or divorce at a distance arises. This article examines the peculiarities of long-distance divorce abroad and provides practical advice on how to conduct it.
What is a long-distance divorce ?
Distance divorce is a process of dissolution of marriage, when one or both of the spouses cannot be physically present in the court or the authorities of the RAC due to living in another country. This can include divorce without the presence of one of the spouses or even an online divorce.
Jurisdiction
The first issue that needs to be resolved in a long-distance divorce is jurisdiction. Where to file for divorce depends on several factors:
- Country of permanent residence
- Citizenship of spouses
- Place of marriage
After a legal divorce, it is important to make sure that the decision will be recognized in both countries of residence of the spouses.
Preparation of documents
Before filing for divorce, you need to collect the necessary documents:
Marriage certificate- Passports
- Documents about the place of residence
- Other documents that may be required by the legislation of a specific country
Application submission
How to apply for divorce remotely? There are several options:
Apply for divorce online through special portals (if allowed in a specific country)- Send documents by mail
- Use the services of a legal representative in the country where the divorce is taking place
Divorce by court order can take place without personal presence, if it is allowed by law. In some cases, participation via video link is possible.
Obtaining a decision
How to get a court decision on divorce remotely ? This is usually possible through:
Email- Posting
- Obtaining a copy through a representative
Special cases
Divorce at the request of one of the spouses
- Divorce at the request of one of the spouses is possible in many countries, especially if the location of the other spouse is unknown.
Divorce without consent
- How to divorce a husband without his consent or how to divorce a wife without her consent - this issue is regulated by the legislation of a specific country. In many cases, this is possible through the court.
Divorce with children
- Divorce through court with children can be a more complicated process, as you need to decide on custody and alimony issues. In such cases, personal presence or participation via video link is often required.
Cost of divorce
How much a divorce costs depends on the country and the chosen method. Divorce through RAC is usually cheaper than through court. Online divorce may be the cheapest option if available.
Alimony
Is it possible to apply for alimony without a divorce - yes, it is possible in many countries. However, the procedure may differ depending on the law.
Question
How to get a divorce certificate?
Respond
In the case of remote divorce, this can be done through the embassy or consulate.
It is important to make sure that the divorce will be recognized in the country of residence. This may require legalization or apostillation of documents.
Divorce is governed by the laws of the country where the process takes place. This may affect the procedure, deadlines and required documents.
After a legal divorce, it is important to make sure that the decision will be recognized in both countries of residence of the spouses.
Advantages and disadvantages of long-distance divorce
Advantages:
- The possibility of divorce without coming to the country
- Saving time and money on trips
- Ability to quickly divorce in some cases
Disadvantages:
- Can be a more complicated process
- Not all countries recognize distance divorce
- There may be problems with the division of property and the resolution of issues regarding children
Practical advice
- What is needed to file for divorce remotely - consult with a lawyer in the country, where the divorce is planned.
- How to file for divorce online - check if this option is available in your country or the country of residence of the other spouse.
- How to find a court decision on divorce - contact the court that heard the case or your legal representative.
- How to issue a divorce remotely - collect all the necessary documents in advance and make sure that they meet the requirements of the country where the divorce is taking place.
Long-distance divorce abroad is a complex process that requires careful preparation and often professional legal assistance. However, with the development of technology and changes in legislation in many countries, this process is becoming more accessible. Online or remote divorce can be an effective solution for couples living in different countries. However, it is important to consider all the legal nuances and make sure that the divorce will be recognized in both countries.
Regardless of the circumstances, remember that divorce is a serious step that affects not only the spouse, but also the children and other family members. Therefore, it is important to approach this process responsibly and, if possible, try to resolve all issues peacefully.
