Legal Definitions - foreign divorce

Foreign divorce refers to a divorce decree that was legally issued by a court or authority in a different state or country than where at least one of the divorcing spouses currently lives. This means the legal process of ending the marriage took place in a jurisdiction separate from the primary residence of one or both parties.

Here are some examples to illustrate this concept:

• Example 1: International Divorce

  A couple, originally from the United States, married in California. After several years, one spouse moved to Germany for a new job opportunity, while the other spouse remained in California. The spouse in Germany decided to file for divorce in a German court, which subsequently granted the divorce.

  This is a foreign divorce because the divorce was granted by a court in Germany, a different country, while one of the spouses still resided in the United States.

• Example 2: Interstate Divorce

  A husband and wife were married in Texas and lived there for many years. The wife later moved to Colorado, establishing residency there, while the husband continued to live in Texas. The wife then initiated and obtained a divorce decree from a court in Colorado.

  This situation represents a foreign divorce because the divorce was granted in Colorado, a different state (and thus a different legal jurisdiction) from where the husband continued to reside.

• Example 3: Divorce in a Third Country

  A married couple, both citizens and residents of the United Kingdom, decided to seek a divorce. For specific legal or procedural reasons, they chose to file for divorce in a court in Cyprus, which granted their divorce decree.

  This is considered a foreign divorce because the divorce was issued by a court in Cyprus, a country different from the United Kingdom, where both spouses maintained their primary residence.