Is My Divorce Recognized in Every Country?

• Will my U.S. divorce be recognized outside the country?
• Will my foreign divorce be recognized in the U.S.?
• Will my custody arrangement be recognized overseas?
• Must other countries uphold my divorce terms?
• Will I have to pay child support if I move overseas?
• Can I modify child custody if I move overseas?

If you’re getting divorced, you might wonder if the end of your marriage will be recognized in every country on the globe. It’s a big world, after all, and each country has its own divorce laws.

For instance, how will your divorce impact your international travel? Child custody in other countries? Will you have difficulty enforcing your settlement agreement in other parts of the world?

If you plan to travel internationally or remarry internationally after a divorce, the information below is for you.

Will my U.S. divorce be recognized in other countries?

The recognition of a U.S. divorce in other countries can vary depending on local laws and customs. In general, most countries recognize a U.S. divorce if the divorce proceedings were legally conducted and the resulting decree is valid in the state where it was issued.

However, some countries may require additional paperwork or other legal steps to recognize the divorce, and others may not permit certain individuals to marry for cultural, religious, or other reasons. Many countries require you to have your divorce validated in their country if you're looking to remarry. This is an extra step but not an insurmountable one.

Will my foreign divorce decree be recognized in the U.S.?

Divorce processes in foreign countries are generally recognized in the U.S. as long as they comply with the laws of the home country. However, the process for validating foreign divorces in the U.S. can vary by state, and some states may require additional documentation or legal proceedings to recognize the divorce. 

You may need to file a copy of your international divorce decree in your new state before you can get married. Make sure you keep certified copies of your divorce papers for this reason.

Will our custody arrangement be recognized in different countries?

The recognition of a custody arrangement from one country to another can be challenging. Various factors come into play, such as the laws and policies of the country where the custody arrangement is being contested, the terms of the original custody agreement, and the circumstances of the case.

Generally, the courts in the U.S. recognize custody arrangements established in other countries if they were validly entered.

However, any disputes over your U.S.-originated child custody arrangements that arise in other countries will be dealt with under the laws exercised in the foreign court. These can differ significantly from U.S. law. So, even though your custody arrangement was validly entered in the U.S., there may be substantial changes based on the laws of your new country.

Are other countries obligated to defend or uphold my marital settlement agreement?

The recognition and enforcement of a marital settlement agreement from one country to another can be complex and depends on various factors such as the laws and policies of the country where the agreement is being contested, the terms of the original agreement, and the circumstances of the case.

Marital settlement agreements are generally recognized and enforced in countries around the world if they are legally valid, agreed upon willingly, and do not violate the laws of that country. However, some countries require additional legal proceedings to enforce these agreements. Other countries may view the terms as null and void if they violate local laws or public policy.

If you or your former spouse will be leaving the U.S., it’s important to clarify whether divorce orders such as spousal support, the division of property, and custody issues will be respected in the new country.

Will I have to pay child support if I move to another country?

If you are legally obligated to pay child support, you must continue to do so even if you move to another country. You may have to comply with the respective country's child support and family laws to determine the exact amount.

Can I modify the terms of my custody arrangement if I move to another country?

Custody arrangements can be modified, but it may depend on the laws of the country involved and the circumstances of your case. You'll likely need to have your custody agreement validated in the new country first.

Suggested: Guide to Divorce When One or Both Spouses Live Outside the U.S.