Legal Definitions - divisible divorce

A divisible divorce refers to a legal situation where a court has the authority (jurisdiction) to end a marriage (grant the divorce itself), but does not have the authority to decide all other related issues, such as the division of marital property, spousal support (alimony), or child custody. In such cases, the marital status can be legally terminated by one court, while other aspects of the divorce may need to be addressed by a different court, potentially in another state or country, or at a later time.

This concept often arises when spouses live in different jurisdictions, and a court only has personal jurisdiction over one spouse. This allows the court to dissolve the marriage (known as an in rem action, meaning "against the thing," in this case, the marital status), but it may not be able to issue binding orders against the absent spouse regarding financial matters or child custody (which require in personam jurisdiction, meaning "against the person").

• Example 1: Interstate Spouses and Property Division

  Scenario: Sarah lives in California and files for divorce. Her husband, Mark, moved to New York two years ago and has no assets or significant connections remaining in California. Mark is properly served with the divorce papers but does not appear in the California court.

  Explanation: The California court likely has jurisdiction to grant Sarah a divorce, legally ending her marriage to Mark, because she is a resident. However, because Mark lives in New York and has no significant ties to California, the California court might not have "personal jurisdiction" over him for financial matters. This means the California court can dissolve the marriage (the "divorce" part), but it cannot issue a binding order for property division or spousal support against Mark. Sarah would likely need to pursue those financial claims in a New York court, making this a divisible divorce where the marital status is separated from the financial aspects.

• Example 2: International Divorce and U.S. Assets

  Scenario: David, a U.S. citizen, obtains a divorce decree from a court in a foreign country where he resided for a year. His ex-wife, Emily, has always lived in the United States and never participated in the foreign divorce proceedings. They own significant marital assets, including real estate and investment accounts, located solely within the U.S.

  Explanation: The foreign court may have had the authority to legally end David and Emily's marriage based on David's residency there. However, because Emily never appeared in the foreign court and all their assets are in the U.S., a U.S. court would likely need to step in to divide their marital property. The U.S. court would recognize the foreign divorce decree as validly terminating the marriage, but it would then handle the financial division as a separate matter, illustrating a divisible divorce where the termination of the marriage and the division of assets are handled by different legal systems.

• Example 3: Deferred Property Division Due to Jurisdiction Over Assets

  Scenario: Maria files for divorce from her husband, Carlos, in their home state. Carlos owns a complex business and significant real estate holdings exclusively in another country, and he has been difficult to locate for service of process regarding these specific assets.

  Explanation: The court in Maria's home state has clear jurisdiction to grant the divorce and terminate the marriage. However, due to the complexity of Carlos's foreign assets and the difficulty in establishing jurisdiction over those specific holdings, the court might issue a divorce decree ending the marriage immediately. It could then defer the division of the foreign property, requiring Maria to initiate separate legal proceedings in the foreign country where the assets are located, or wait until Carlos can be properly served and brought under the jurisdiction of the local court for those specific assets. This demonstrates a divisible divorce, as the marital status is resolved, while the property division is handled separately, either by a different court or at a later time.