Can I Divorce My Spouse if He or She is Currently Abroad?

 Posted on March 20, 2026 in Divorce

If you are considering divorce in 2026, and your spouse is currently living outside the United States, you still have options. In Illinois, it is possible to get divorced even if your spouse resides abroad, though there are several important legal factors to keep in mind. With the guidance of an experienced attorney, people in this situation can navigate the divorce process and ensure that their rights are protected.

At The Stogsdill Law Firm, P.C., we have over a century of combined experience handling difficult family law cases on behalf of our clients. When you work with our Wheaton, IL divorce lawyers, you can rest assured that we will do everything we can to keep your case on track.

Does Illinois Have Jurisdiction Over a Divorce if One Spouse Lives Abroad? 

One of the first considerations in an international divorce is determining whether Illinois courts have jurisdiction, or the legal authority, to oversee the case. To file for divorce in Illinois, at least one spouse must have lived in the state for a minimum of 90 days. If you meet this residency requirement, the Illinois court system will likely have jurisdiction to proceed with your divorce, even if your spouse is currently abroad (750 ILCS 5/401).

For cases in which your spouse resides in another country, it may also be necessary to determine whether courts in that country could claim jurisdiction over the divorce. In most cases, Illinois courts can handle the divorce as long as residency requirements are satisfied and your spouse receives proper notice of the proceedings.

How Can You Serve Divorce Papers to a Spouse Living Out of the Country? 

In every divorce, it is essential to provide legal notice to the other spouse, a process known as "service of process." If your spouse is abroad, serving divorce papers can be more complex than in a standard domestic case. Illinois law allows for international service under certain rules established by the Hague Service Convention, a treaty governing service of process across international borders.

If your spouse's country is a member of the Hague Service Convention, you may need to follow specific procedures for service that meet both Illinois and international standards. An experienced attorney can help ensure that the required steps are followed for proper international service. You do not have to manage this complicated process yourself.

How Are Divorce Hearings Handled With a Spouse Who Lives Abroad?

In many cases, you do not have to wait for your spouse to return. Courts often allow hearings to take place without both spouses being physically present. Your spouse may even be allowed to attend remotely, depending on the situation.

If they do not respond after being properly notified, the court can move forward without them. The judge will review your requests and make decisions based on the information you provide. As mentioned previously, proper service of process is crucial here. Failure to comply with the law could lead to needless delays.

Some hearings may take longer to schedule. Time zone differences and international communication can slow things down. Still, many cases move forward in a steady way once service is complete and the court has jurisdiction.

How Does Child Custody Work if One Spouse Is Living Abroad? 

If minor children are involved in a divorce, establishing custody arrangements with a spouse overseas can be challenging. Where the children will live will depend largely on:

• Where they have lived throughout the duration of the marriage
• Where they have lived most recently 
• How integrated the children are into their current community
• Close relationships the children have with nearby friends and family
• The health and ability of each parent to care for the children
• How feasible travel is between countries 
• The parents' preferences
• The children's preferences, if age-appropriate 

Illinois courts prioritize the child's best interests, and international arrangements will require a clear plan for custody, visitation, and travel arrangements.

How Does Asset Division Work During an IL Divorce if You Own Property in Another Country? 

Dividing marital property when assets are located in different countries can also complicate a divorce. Illinois courts use equitable distribution laws to divide marital assets, but foreign property may require additional procedures to ensure fair division.

How property is divided will depend on who owns the property, when the property was purchased, what the property was used for, and whether Illinois has jurisdiction over the property.

For example, if a divorcing couple owns a home in Illinois, that home will almost certainly be under the jurisdiction of an Illinois court. On the other hand, a vacation home in Majorca may require a more careful approach.

How Do Judges Enforce Divorce Court Orders From a Different Country?

Enforcing a divorce order across borders can be more complicated. A court in the United States does not have direct power in another country. However, many countries recognize and enforce foreign court orders through treaties or local laws.

For example, orders about child support or custody may be enforced under international agreements. If both countries are part of the same treaty, enforcement is often easier. If not, the process may require further action through the other country.

Property division can be harder to enforce if assets are located abroad. Even so, courts try to create fair and workable solutions. Planning ahead and identifying where assets and obligations exist can make enforcement more realistic and effective.

Contact Our DuPage County, IL Divorce Lawyers

If you are ready to begin divorce proceedings while your spouse resides abroad, reach out to our Wheaton, IL divorce attorneys at The Stogsdill Law Firm, P.C. We have one of the largest, most experienced firms in the state. Yet, we provide every client with a tailored, personalized approach.

With the help of one of our dedicated attorneys, you can work toward a fair resolution to your divorce, even if your spouse is living abroad. Call 630-462-9500 to schedule a consultation and learn more about how Illinois law applies to your case.