Questions About Divorcing a Non-resident

• Can I divorce a non-resident of Washington State?

  If the person seeking the divorce lives in Washington state, Washington courts will have subject matter jurisdiction (legal authority) to enter a dissolution decree (divorce) if the other party can be served by a method authorized by Washington’s court rules and statutes. Specifically, the court has jurisdiction over the marriage and may dissolve it even if the non-resident spouse has never been to Washington state.

  However, a court may not have the ability to award property, assign debt, establish custody of children, or set support (whether for a child or as maintenance or alimony).

• My spouse lives in another country. How might this impact the divorce process?

  As in the previous question, if your spouse never lived in Washington state you may be able to obtain a divorce. However, a Washington state court may not have the authority to award property, assign debt, establish custody of children, or set support. Moreover, international procedures can be very complex, costly and time consuming. This is particularly true if the spouse is uncooperative, elusive, or if the country in question is not a signatory to the Hague Service Convention.

  If you find yourself in such a situation, we encourage you seek a consultation with us to make recommendations tailored to your circumstance.

• My spouse threatens to take our child out of the country, what options do I have to return my child or stop their departure?

  If your spouse is originally from another country and threatens to take your child to that country, there could be major implications regarding custody. Some countries, such as China, are not signatories of the Hague Child Abduction Convention, and it may be near impossible to enforce Washington State custody orders. If your child already has a passport and you have concerns, secure it and place it in a nondisclosed location. This will prevent departure from the country.

  If you find yourself in such a situation, experienced legal counsel is highly recommended. Our office has experience with international custody matters and would be happy to provide a free consultation.

• My spouse lives in another state. How does this impact my ability to obtain custody of my children?

  Where and how you can obtain a custody order or establish a parenting plan will depend on a number of factors, including but not limited to whether a court had made a previous custody determination, where the child has lived in the past six months, and/or if an emergency exists.

  Interstate custody issues can be very complicated and often depend upon the specific facts of each situation. If you find yourself with such a situation, call our office for a consultation.

• How will divorcing my non-resident spouse impact child custody?

  Regarding establishing a custody decree or parenting plan when divorcing a non-resident spouse, whether a Washington court can address such issues will depend upon several factors.

  If the child has always lived in Washington state, and no other state or foreign country has made a custody order about the child, then Washington should have the ability to make a custody determination. If the child resides in another country, that jurisdiction’s court may have the right to determine custody rights and residential time. Call our office to discuss your specific situation.