Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.
Divorce is rarely simple—and when you are getting an international divorce, it can feel particularly overwhelming.
In some cases, your spouse might not even live in the same country. In other cases, you both might still reside in the US, but you have property and tax obligations in another country.
If you’re pursuing divorce in California, there are certain basic steps required to get the process underway:
- Residency Requirements: At least one spouse must have lived in California for six months and in the county where the divorce is filed for three months.
- Filing the Petition: Once residency is established, you can file a Petition for Dissolution of Marriage in your county’s Superior Court.
- Serving Divorce Papers Internationally: There are rules for serving your spouse with divorce papers internationally. If your spouse agrees to sign a waiver, you can avoid complicated service procedures.
- Cooling-Off Period: California imposes a six-month waiting period after serving divorce papers before the divorce can be finalized—unless waived.
At Divorce Options San Diego, we work with couples who are pursuing cross border divorces. These divorces have many challenges, including international property, tax obligations and child custody deliberations. Call us for a consultation to find out how we can make the process easier.
How Does International Divorce Mediation Simplify an International Divorce Filing in California?
From filing for divorce to dividing assets in divorce, international divorce mediation takes a lot of the pain out of the process of divorce. Divorce mediation is a non-adversarial process that avoids the hassles of taking the divorce to court or paying for separate attorneys.
The benefits of getting a non-adversarial divorce can pay off early. For example, if your spouse agrees to sign a waiver you can avoid the complication of serving your spouse with divorce papers internationally.
In international divorce, questions of jurisdiction become complicated. Jurisdiction is usually given to the country where a person resides, but if spouses live in different countries, it’s not always clear-cut. Each country has its own set of laws, which can make the divorce process unpredictable. For example, spousal support in the U.S. might not even be recognized in another country. Although countries like the United States may have treaties that attempt to reduce conflict over jurisdiction by giving precedence to the country where the divorce is filed first, it doesn’t guarantee the foreign country will recognize or enforce a U.S. court’s decisions on issues like property division or spousal support. Even after a California court finalizes your divorce, enforcing orders internationally is not guaranteed. The U.S. has no automatic treaty-based enforcement for family court decisions with most countries
This is where divorce mediation becomes a strategic advantage. In mediation, both spouses work with a neutral mediator to come to mutual agreements on all aspects of the divorce, from property division to support and child custody. When both parties participate in good faith, they can avoid prolonged legal disputes that could result in complicated questions over jurisdiction and enforcing court orders in multiple countries. Mediation also speeds up the process and reduces legal fees, which are typically higher in international cases.
How Divorce Mediation Makes a Complex Process Simpler
International divorce can be a daunting and potentially complex process. Through mediation, spouses can work together to create mutually agreeable terms that bypass conflict and the additional legal hurdles that can result from this. With an international divorce, there is also the risk that court orders can be subject to enforcement challenges. Mediated agreements are more flexible and negotiated with full transparency and participation, reducing the potential for further issues after the divorce has been finalized. International child custody is an issue that can be particularly fraught, both emotionally and logistically. Again, mediation offers a proactive and collaborative path that minimizes disruption to the child and reduces the risk of international custody conflicts.
If you’re heading into an international divorce with international assets or a spouse who lives abroad, consider starting mediation early in the process. When filing for an international divorce in California, mediation provides a path towards clarity, cooperation and empowerment, allowing spouses to resolve the divorce outside the courtroom and resulting in faster, less expensive and more enforceable outcomes.
At Divorce Options San Diego, we are experienced high level international divorce mediators who specialize in divorce with a cross-border element. Many professionals in California have lives that span more than one country. We work with divorcing spouses who are facing this reality and may have complex, high stakes assets and property in more than one country. We make the process simpler by reducing the impact of conflict and its legal and financial consequences. Our West Coast divorce mediators are based in San Diego, CA, Silicon Valley and Bozeman, MT. Contact us for a consultation on your international divorce.
