What may seem like a simple, uncontested divorce may get a little tricky when the Defendant has moved to a foreign location.  However, if your spouse is presently residing outside of the State of New York, it is your responsibility to ensure that he or she is personally served with the divorce summons and complaint.

Recently. I struggled with this issue as I was trying to serve  a Defendant in another country and my client had very little information about his spouse’s whereabouts.  I discovered the following ways to serve a divorce summons and complaint in a foreign country:

Personal Service By a Family Member

A great way to serve someone in another country is to ask a family member or friend who might visit country where the Defendant resides to personally serve the Defendant.  The person who serves the complaint must complete a notarized affidavit of service as proof of service of the divorce summons and complaint.

Foreign Consulate

Many jurisdictions require you to send a divorce summons and complaint to the Consulate in the foreign country.  The Consulate will then serve the Defendant.  The Defendant might then be summoned and served at the Consulate in the foreign country.  The Defendant will complete the Affidavit of Defendant, which will be returned to you.  You should submit the Affidavit of Defendant to the Court, handling the divorce proceedings.

Alternative Service of Process

Alternative methods of service of process might include the mail or a newspaper publication.  Please note:  There are certain countries which do not allow Service of process by mail.  Please confirm your method of service with an attorney, prior to effectuating service of the summons and complaint.

If the Court grants permission of service by mail, the International mail package should be accompanied by a return receipt form.  The return receipt will be signed by the person who accepts the divorce complaint in the foreign location.  The return receipt will be returned to you as proof that service was effectuated.  The receipt will eventually be presented to the court.

Conclusion

The requirements for service of a divorce summons and complaint in foreign jurisdictions vary by country.  It is most prudent to consult with an experienced attorney who can help you decide the most appropriate method of service for your particular situation.