Full question:
I have a spouse that I have been seperated from since 2005. She took my son and went back to Japan. I don't have any contact with her. Can I still get a divorce without her signing the paper. I just need to know what do I need to do and all the steps to get a divorce. Can you help me please
- Category: Divorce
- Subcategory: International
- Date:
- State: North Carolina
Answer:
In some cases, where a divorce has been filed, but the defendant cannot be located, the court may allow service by publication and if an answer to the complaint isn’t filed, a default divorce may be obtained. Rules for service of process overseas vary depending on whether the person sought to be served is in the military and the country is a member of the Hague Convention or not.
Overseas divorce is a complicated matter and advice from a lawyer who specializes in international divorce matters should be sought. Advice will be needed in areas such as:
-jurisdiction, including the impact of admissions of residence and domicile on any tax planning or nationality
-applicable law
-the grounds for divorce and any prior period of separation
-likely financial orders
-disclosure requirements
-enforcement, in that jurisdiction and abroad
-procedure followed
-likely arrangements for children
-availability of legal aid
-publicity and confidentiality
-the projected time line for the proceedings
-projected legal costs
For further discussion, please see:
http://www.legallanguage.com/legal-articles/service-of-process-upon-military-personnel-overseas/
http://divorcesupport.about.com/od/foreignspouse/f/foreigndivorce.htm
http://www.divorceincanada.ca/general.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
