International Divorce Process – A Complete Guide

Divorce is rarely simple, and it becomes even more complex when spouses live in different countries or have ties across borders. The international divorce process in 2026 reflects evolving divorce laws in Illinois, updated treaties, and increasing global mobility. Understanding how jurisdiction, property, and children are handled can help individuals make informed decisions during an already stressful time.

What Makes a Divorce International?

A divorce or dissolution of marriage is generally considered international when spouses are citizens of different countries, live in different nations, or own property abroad. It can also apply when a marriage occurs overseas or when children hold dual citizenship. Any of these circumstances can affect how a case is filed and resolved.

International divorce cases often involve questions that do not arise in the average domestic divorce. Courts may need to determine which country has authority to hear the case, which laws apply, and whether a final judgment will be enforced elsewhere. These factors make careful planning especially important when navigating divorce across borders.

Understanding Jurisdiction and Where Your Divorce Can Be Filed

One of the first steps in the international divorce process is determining jurisdiction. Jurisdiction refers to a court’s authority to hear a case. In many situations, more than one country or even multiple courts may have a valid claim based on residency, citizenship, or domicile. If you are located in Illinois, your first step should be discussing jurisdiction with an experienced Illinois divorce lawyer who can help you understand local laws.

Where a divorce is filed matters, as the choice of jurisdiction affects which divorce laws apply to your case. That in turn can influence how property is divided, what support may be awarded, and how child custody is decided. Filing for divorce in a court without proper jurisdiction can lead to a judgment that is later challenged or not recognized. International divorces can also take longer to process due to jurisdictional issues.

Because multiple jurisdictions and legal systems may be involved with your international divorce, choosing where to file requires careful evaluation of factors, including:

• The residency of each spouse
• Location of valuable assets
• Nationality of each spouse
• If children are involved and if they have dual citizenship
• Where children live if they are involved

Proper jurisdiction matters not only for reaching a final judgment, but also for ensuring that the decision can be enforced in all countries connected to the case.

Common Challenges in International Divorce Cases

International divorce cases often present obstacles beyond the legal issues themselves. Time zones, language barriers, and conflicting court schedules can complicate communication and case management. This makes having an experienced lawyer by your side even more imperative. To better understand these challenges, it helps to consider common issues that may arise with your lawyer, such as:

• Potential conflicting court orders between countries
• Delays in serving legal documents internationally
• Differences in disclosure and evidence standards
• Potential enforcement difficulties

International divorce can also take longer due to jurisdictional questions. Although global divorce rates vary, data suggests that some international case outcomes can be more uncertain. For example, in a recent study of international marriages in Japan, the divorce rate for international couples was 50.5%, compared with 34.9% for domestic couples.

How Schaffer Family Law, Ltd. Helps Navigate International Divorce Challenges

International divorce cases often involve obstacles that go far beyond typical divorce proceedings. Differences in legal systems, procedural rules, and timelines can make even straightforward issues harder to resolve. Luckily, Schaffer Family Law, Ltd. has experience handling complex divorce cases that require careful coordination, attention to detail, and steady guidance throughout the process.

Clients working with our firm benefit from a thoughtful, organized approach that anticipates cross-border complications before they escalate. Our firm understands how international factors can affect jurisdiction, enforcement, and long-term stability, and takes a proactive role in addressing these concerns. When you hire a divorce lawyer from Schaffer Family Law, Ltd. for international divorce matters, we can assist with:

• Evaluating which country or court is most appropriate for filing
• Addressing conflicts between court orders in different jurisdictions
• Coordinating proper service of legal documents across borders
• Managing delays related to international procedures and timelines
• Identifying and addressing issues tied to foreign assets and financial disclosures
• Navigating custody and parenting concerns involving multiple countries

By focusing on both legal strategy and practical realities, Schaffer Family Law, Ltd. helps our clients move through international divorce cases with clarity and confidence.

FAQs

How Long Does an International Divorce Take?

The timeline for an international divorce varies widely. Some cases resolve within a year, while others take several years due to jurisdictional disputes, complex assets, or child custody issues. Delays often occur when courts in multiple countries are involved. Cooperation between parties and clarity around where the case is filed can also significantly influence how long the process lasts.

How Do International Divorces Work?

International divorces typically begin by determining which country has jurisdiction. Once filed, the court applies its divorce laws to issues like property, support, and custody. Additional legal steps may be required to address foreign assets or to have the final judgment recognized in another country. Each case depends heavily on the countries involved. If you’re unsure how to begin an international divorce, you should contact a local Illinois divorce attorney.

Will My Foreign Divorce Be Recognized in the United States?

A foreign divorce may be recognized in the United States if the issuing court had proper jurisdiction and followed fair procedures. U.S. courts often review whether both spouses received notice and had an opportunity to participate. Recognition is assessed at the state level, so outcomes can differ depending on where recognition is sought. It’s crucial that you do not go through an international divorce without help from an experienced lawyer.

Can You Finalize an International Divorce Without the Other Person Signing?

In many situations, an international divorce case can proceed even if one spouse refuses to sign. Courts may enter default judgments if proper service was completed and all response deadlines have passed. In international cases, serving legal documents across borders can take longer, which means all parties involved are given ample time to respond. However, all communications must comply with international service rules to remain valid.

Hire a Divorce Lawyer Who Can Help You Move Forward

Navigating the international divorce process requires preparation, careful strategy, and a clear understanding of how divorce laws apply across borders. Each decision you make during this process can have long-term legal and financial consequences, especially when multiple countries are involved. For those facing international divorce cases, guidance from an experienced and knowledgeable divorce attorney can provide clarity during a challenging transition.

Learn more about how Schaffer Family Law, Ltd. approaches complex family matters and contact us today.