Legal Definitions - bilateral divorce

A bilateral divorce is a divorce proceeding where the court has legal authority, known as "personal jurisdiction," over both spouses. This means that both parties have a sufficient connection to the state or jurisdiction where the divorce is filed, allowing the court to make binding decisions regarding their marriage. While one spouse might be the primary filer, the other spouse actively participates in the legal process, or at least formally acknowledges the court's power to decide the case. Because both parties are subject to the court's authority, a bilateral divorce is generally recognized as valid in all other states and countries, providing a more secure and universally accepted dissolution of the marriage.

Here are some examples to illustrate a bilateral divorce:

• Example 1: Sarah and Tom have lived their entire married life in California. When they decide to divorce, Sarah files the petition in a California court. Tom is served with the divorce papers, hires his own attorney, and actively participates in the negotiations and court hearings regarding property division and child custody.

  Explanation: This is a bilateral divorce because both Sarah and Tom are residents of California and both actively submit themselves to the California court's personal jurisdiction by participating in the legal process. The court has the authority to make decisions that are binding on both of them.

• Example 2: Maria lives in Texas, and her husband, David, lives in Oklahoma. Maria decides to file for divorce in Texas. David, even though he doesn't live in Texas, agrees to formally appear in the Texas court proceedings through his attorney and accept the court's authority to decide the divorce.

  Explanation: This is a bilateral divorce because, even though David is not a resident of Texas, he has voluntarily submitted to the Texas court's personal jurisdiction. By agreeing to appear and accept the court's authority, both Maria and David are subject to the Texas court's decisions, making the divorce bilateral and universally recognized.

• Example 3: Emily and Ben were married in New York but have been living in France for the past five years. They decide to divorce and agree to file their divorce petition in New York, where they still own property and maintain bank accounts. Both Emily and Ben sign documents acknowledging the New York court's authority to handle their divorce, even though neither is physically present in New York at the time of filing.

  Explanation: This scenario represents a bilateral divorce because both Emily and Ben have consented to the New York court's personal jurisdiction. Their agreement to file there and their acknowledgment of the court's authority, coupled with their existing ties to the state (property, bank accounts), establish the necessary connection for the court to have jurisdiction over both parties, ensuring the divorce is valid and binding on both.