How To Make A Divorce If One Or Both Are Abroad?
Divorce From Abroad
If a person got married in Oklahomavalidly and then wants to get a divorce, but one or both of the people are outside of Chile, they can process the divorce from abroad through abroad court order or a power of attorney to the consulate of the country where you are living.
Once the mandate given to the consul is ready, the person or persons concerned should send it to their lawyer, along with any document that proves that they are living outside the country , such as an employment contract, a residence certificate, accounts of basic services, a copy of the identity card of the country in which it is located, and so on.
To know the address of the nearest consulate to your place of residence, you can visit the website of the Ministry of Foreign Affairs.
Outside of this process, you should also know what types of divorce exist in our legislation, as well as the deadlines required by law that has passed since the cessation of cohabitation to be able to divorce.
There are two types of divorce in our law:
- Separation Through Fault:
When by one of the spouses, that is, by the man or the woman, some conducts seriously violate the duties and obligations of marriage or the duties and responsibilities that are held about children in common. The conducts that give rise to this kind of divorce are the following:
Severe Physical Or Psychological Abuse Against The Spouse Or Children
The attack against the life of the spouse or children.
Severe and repeated breach of the duties of coexistence, relief, and fidelity. As the repeated abandonment of the typical home.
Homosexual Conduct Of One Of The Spouses.
Alcoholism or drug addiction that seriously prevents a harmonious coexistence between the spouses or between them and the children.
It is important to know that this type of divorce can only be requested by the spouse who is innocent and it must also be borne in mind that in order to proceed, these circumstances should make life in common unbearable and therefore the most healthy for the family is that they divorce. Here it is not required that any period has elapsed since the coexistence has ceased.
- Divorce For The Cessation Of Cohabitation:
This type of separation (by end of cohabitation ) is divided into 2:
Unilateral divorce: this proceeds only when one of the spouses wants to divorce, in which case he must sue the other to divorce. Here it must have been 3 years since the parties ceased coexistence.
Divorce Mutual Agreement: this proceeds when both spouses agree to divorce, and therefore must file the divorce petition jointly, without the need for one to sue the other. Here the term of 1 year is demanded since the parties ceased coexistence.
If you are abroad and want to sue for divorce from abroad, connect with a lawyer of MisAbogados.com to advise and represent you.
You might also be interested, before making the decision, to review our guide that explains everything about the divorce in Oklahoma(and when you are abroad).