Skip to content 
Ending a marriage is never easy, but international divorces come with extra challenges. Texas law allows residents to file for divorce even if a spouse lives in another country. The process involves meeting residency rules, serving legal documents properly, and handling financial or custody matters across borders. Missing a step can lead to delays or complications. Understanding how to get an international divorce in Texas can help you move forward with less stress.
Effective Tips on How to Get an International Divorce in Texas
Ending a marriage that involves international ties can be complicated. Texas law allows for international divorces, but the process requires careful planning. Knowing how to meet residency requirements, serve your spouse properly, and address financial matters can help you move forward smoothly.
Understanding Texas Residency Requirements
Texas law requires at least one spouse to live in the state for six months before filing for divorce. You must also have lived in the county where you file for at least 90 days. If you live in Texas but your spouse resides in another country, the court still has jurisdiction over your case. This applies even if you married abroad.
If neither spouse meets residency requirements, consider waiting until you qualify or filing in another location where you have legal standing.
Serving Divorce Papers to an International Spouse
Proper service of process is crucial in international divorce cases. Texas courts require proof that your spouse received the divorce petition. Standard methods include:
Certified Mail
If your spouse accepts the documents and signs a receipt, this can serve as valid proof.
Personal Service
A process server or local authority in the foreign country can deliver the papers.
Hague Convention Procedures
If your spouse lives in a country that follows the Hague Service Convention, you must follow its rules. This can take months, so plan accordingly.
Publication Service
If you cannot locate your spouse, Texas courts may allow service through newspaper publication. This requires demonstrating that all reasonable efforts to find them have failed.
Handling Property and Financial Issues
International divorces often involve property and financial assets in multiple countries. Texas follows community property laws, meaning assets acquired during the marriage are split fairly. This can become complicated if foreign laws conflict with Texas laws.
Courts may not have authority over foreign properties. You might need to file legal actions in the other country to enforce asset division. Working with an attorney familiar with international divorce can help protect your financial interests.
Child Custody and International Laws
Custody issues in international divorces require careful handling. Texas courts prioritize the child’s best interests but must consider international custody laws. The Hague Convention on International Child Abduction helps prevent one parent from wrongfully taking a child to another country.
If your spouse lives abroad, creating a detailed custody agreement is essential. Address travel permissions, visitation schedules, and how to resolve disputes. Courts may require travel restrictions to prevent child abduction risks.
Enforcing a Texas Divorce in Another Country
Some countries do not recognize foreign divorces. If you divorce in Texas but your spouse’s country does not accept the ruling, legal issues may arise. You might need to take extra steps, such as:
- Filing the Texas divorce decree in a foreign court
- Following the other country’s legal process for recognition
- Seeking assistance from an attorney who understands international law
Addressing International Spousal Support
Texas courts can order spousal support, but enforcing it abroad depends on the foreign country’s laws. Some countries recognize U.S. court orders, while others require additional legal action. If your spouse refuses to pay, you may need to file an enforcement case in their country.
A clear support agreement with enforcement clauses can make collection easier. Consulting an attorney familiar with international enforcement can help you secure financial support.
Finalizing Your International Divorce
Once the court grants your divorce, take steps to ensure legal recognition everywhere you need it. Update personal records, financial accounts, and any relevant legal documents. If you plan to remarry, confirm that your divorce is valid in the country where you intend to wed.
International divorces require extra steps, but proper preparation can help you complete the process efficiently. Understanding legal requirements, handling service correctly, and securing financial protections will help you move forward with confidence.
International Divorce FAQs
Yes, a foreign divorce can be recognized in Texas if it complies with the legal requirements of the foreign jurisdiction and does not contradict fundamental principles of Texas law.
To divorce a spouse who is in a foreign country, you must typically serve them with divorce papers according to international service of process laws, which might involve the Hague Convention or other methods depending on the country.
A foreign divorce is generally recognized as valid in the US if it was conducted according to the legal requirements of the country where it was performed and meets US legal standards.
Yes, in Texas, you can finalize a divorce without going to court if both parties agree on all terms of the divorce, including property division, custody, and support, allowing for an uncontested divorce process.
No, Texas law requires that your spouse be notified of the divorce proceedings. You must serve divorce papers to your spouse, ensuring they are aware and have an opportunity to respond.
Yes, you can serve divorce papers internationally through various methods, including the Hague Convention, if the country is a member, or through other legal channels allowed by the foreign country’s laws.
