The development of the global economy has resulted in more frequent travel to foreign countries by people around the world. While international marriages used to be uncommon, today they are nothing unusual. Millions of people travel or move to other countries, develop relationships and marry. Unfortunately, obtaining an international divorce is not such a simple matter.
One of the biggest problems you might face in trying to obtain an international divorce involves obtaining the consent of your spouse. In some cases, spouses agree a legal divorce is what’s needed to move on with their lives. Once divorced, individuals regain their single status for tax filing purposes. If one or the other wants to start a business, a divorce could be advantageous, and it’s a necessity if either spouse wants to remarry. When both spouses are in agreement about the divorce, it’s considered a bilateral divorce.
In many cases however, a bilateral divorce is not possible. If you or your spouse have lived in one or more different countries since separating, it’s possible you’re out of contact. In some cases, losing contact is deliberate, as in the case of a spouse who’s trying to avoid paying child support or alimony. In other cases, it just happens.
It’s also possible that you’re in contact with your spouse, but he or she refuses to consent to divorce and therefore disappears. This could be due to spite, a false hope for a reunion, or an effort to try to avoid paying alimony or dividing property. A divorce without mutual consent is called a unilateral divorce, and it’s possible for you to obtain one regardless of your own or your spouse’s country of residence.
The quickest, easiest way to obtain a unilateral divorce is to travel to Haiti to obtain a divorce decree. Haiti is the only offshore divorce option if you’re unable to obtain your spouse’s consent for divorce. You will need to travel to Haiti to appear in court, however, there are no residency requirements. Public notices informing your spouse of the impending divorce are posted in Haiti, but if no reply is made to the court within twenty-one days, a default judgment is issued granting the divorce.
Although obtaining a unilateral divorce is a straightforward process in Haiti, it’s important to determine whether or not your divorce will be recognized in your country of residence. Although bilateral divorces obtained overseas are usually recognized by foreign courts, this isn’t always the case with unilateral divorces.