Houston, TX family law attorney Kristy M. Banda explains how to get a divorce from someone in another country. She points out that if someone is living in Texas while their spouse resides in another country, it is still possible to obtain a divorce in Texas—depending on specific circumstances. The key question is whether the spouse has ever lived in Texas.

If the couple previously shared a marital home in Texas, even if they were married elsewhere, the court may have personal jurisdiction over the spouse who has moved abroad. This means the divorce can be filed in Texas, the spouse can be formally served in their current country of residence, and the Texas court can begin the divorce proceedings.

She notes, however, that there are limitations on what the court can do concerning property located outside Texas or the United States. Still, if personal jurisdiction exists, the court can address important matters such as dividing property within Texas, awarding spousal maintenance, and determining child custody and support if the children live in Texas.

She emphasizes that the most critical factor in international divorce cases is establishing whether the Texas court has personal jurisdiction over the absent spouse. If it does, the process proceeds much like any other divorce, although serving legal documents internationally can take additional time. Ultimately, she advises that while obtaining a divorce under these circumstances is possible, the outcome depends on the unique facts and conditions of each case.