I want a divorce but he is in another country?

UPDATED: Sep 30, 2022

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I want a divorce but he is in another country?

I got married to a man in Mxico. He
later left me. I’m now in the U.S and
want a divorce but I dont know where
he is. What can I do?

Asked on June 1, 2016 under Family Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Divorcing someone who does not live in the U. S. involves the same process as if they were living here. The key is making sure your spouse is given notice of the legal proceedings. Serving them with a copy of your divorce petition is the challenge and service is required to begin the proceedings. The easiest way to do this is to mail the divorce papers to your spouse, however, not all foreign countries allow this. Additionally, you'll  need to contact the appropriate embassy, obtain a translation of the legal documents, etc. Also, there a several types of divorces that you can get. For these reasons, it's a good idea to consult directly with divorce or international law attorney for adivce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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