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How can I get a divorce in Ohio if I got married overseas?

On Behalf of | Feb 2, 2023 | Divorce

The requirements for divorce in Ohio stipulate that the couple must have lived in Ohio for at least six months. U.S. courts will not extradite someone from a foreign country simply to attend an initial divorce hearing.

Additionally, the couple must have lived apart for at least one year before a divorce will succeed on the grounds of incompatibility.

Filing for divorce after an overseas marriage

If a couple marries overseas and then moves to Ohio, they may still be able to file for divorce in Ohio as long as one of the parties meets the above residency requirement. However, in some cases, they may need to file for divorce where the marriage took place. Find a professional you can trust to help you sort out the proper jurisdiction and venue.

The risk of international child abduction during divorce

If the couple has children and one party is a foreign national, a party may accuse another of international child abduction. According to the International Centre for Missing and Exploited Children, the Hague Convention outlines an international treaty that provides for the return of a child who has been wrongfully removed or retained in a foreign country.

Navigating the divorce process in Ohio

Most divorces focus on a parenting plan that benefits each child and the equitable distribution of assets. Ohio courts seek to divide assets fairly, but not necessarily equally. The law requires both parties to disclose all assets and debts, including all overseas holdings, and a judge or mediator will determine how to divide the assets.

In short, an overseas marriage can be legally ended in Ohio as long as all parties follow proper international treaties vis-a-vis their children, and all parties follow the Ohio residency requirements.

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