Divorce in the USA for foreigners is not always easy.

If you’re among the 22% of Florida residents born abroad, getting a court to honor an overseas divorce can be challenging.

One missing form could leave you legally “still married” in the United States, even if a foreign court insists you are not.

Florida only recognizes a foreign divorce once you take several steps. Below, we outline the steps for a faster process and to avoid costly trials.

Boyer Law Firm’s international team guides you through required papers, deadlines, and pitfalls to ensure the best outcome.

Florida Rules for Making a Foreign Divorce Valid

Florida applies the “doctrine of comity,” treating foreign judgments as valid as its own.

To honor a final foreign divorce, the state requires documentation confirming it. There are also a few other rules related to ensuring that the judicial decision is something Florida needs to accept, including:

• At least one spouse must live in Florida or hold substantial assets there
• The decision must be final in the home country
• Notice of fraud will cause a Florida judge to refuse enforcement
• Any division of property that doesn’t follow Florida’s property laws cannot be enforced

Exceptions exist to this rule, for example, to prevent recognition of polygamous or underage marriages. 

Filing With the Court

You must file in the circuit court of the county where you or your marital assets are located. If you live in Florida, then this is proven with documentation such as voter registration or a driver’s license.

Alternatively, military stationing or a child who lives in Florida will cause the circuit court to be valid in their vicinity instead. For a complete list of nuances, you should speak with a foreign family divorce lawyer.

While some couples quickly resolve the issue within a month, be aware that the international divorce process can often take years, especially if there are disagreements or complications.

Paperwork to Validate Divorce in the USA for Foreigners

The first thing you are going to need is a certified copy of the judgment from the foreign court. Request it directly from the court or its archives, and be aware that it must bear an original signature or an embossed seal.

It cannot be a photocopy, but you should request multiple originals from the court so that you can give Florida one and keep the others.

When you have this, get it translated by a sworn translator, one who is licensed in Florida, and attach their affidavit of accuracy to it. You need translations of every page and stamp to ensure accuracy.

You will also need to get an apostille or have your document authenticated by a consulate if the country where you got married is not a part of the Hague Convention.

An affidavit showing the foreign court had jurisdiction over both spouses will also be necessary for Florida to consider the divorce binding on both parties.

Turning Your Foreign Divorce into a Florida Court Order

Start by filing a “Petition to Domesticate and Enforce Foreign Judgment” that clearly reflects the original terms of your order. Next, serve your ex-spouse with the petition and supporting documents according to Florida law.

Always follow Florida’s service of process rules to prevent objections later. If your case includes sensitive details, request to seal the information at this stage to protect your privacy.

If no objection appears within 30 days, the judge can issue a final judgment of domestication. Once approved, the order becomes valid and enforceable in Florida. After that, update your records with certified copies and store them safely for future use.

If the other party disputes the domestication, request a hearing immediately and present your documentation to support your claim.

Child Support or Custody Orders

After domestication, ask the court to convert your foreign child support order into a Florida income deduction order. This ensures that payments are automatically deducted from the payer’s income.

You may also request the court to domesticate foreign custody or visitation orders. If the other parent fails to comply, petition the court to hold them in contempt and enforce the judgment.

Additionally, coordinate with Florida’s Child Support Program for assistance in enforcing payment and ensuring compliance. Their support can make the process faster and more efficient.

What Does a Family Law Attorney Do Internationally?

Interacting with international law can quickly get complicated due to issues with jurisdiction and the varying standards of what is legally binding across different courts. An international family law attorney can work with you to work through these:

• Spotting translation or apostille errors that might delay processes
• Coordinating sworn statements from foreign counsel
• Representing you in court or abroad
• Negotiating with opposing counsel to save time
• Serving papers internationally
• Working with cross-border experts to ensure all processes are completed

They can also help you avoid costly processes that might otherwise cause you more serious difficulties if you were not prepared.

Work With Boyer Law Firm on Your International Divorce

Francis M. Boyer, B.C.S., a highly acclaimed Florida attorney, stands among the elite group of just 39 lawyers nationwide certified as experts in international law. With his extensive experience and expertise, he and his dedicated team are fully equipped to handle foreign divorce cases. Offering multilingual support and a network of offices across the state, they provide comprehensive legal services tailored to the unique challenges of international family law matters. Contact us!