Divorcing a Spouse Who Lives Outside the United States

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

If you live in South Carolina and your spouse lives in another country, you can usually file for divorce here once you have lived in South Carolina for at least one year. The marriage can be dissolved even if the wedding took place abroad. The harder parts are serving your spouse under international rules, getting orders about money or property that will actually be enforced overseas, and protecting arrangements for any children.

This guide gives a general overview of each of those issues. International cases vary widely by country, so treat this as a starting point for a conversation with an attorney. It is part of our South Carolina Divorce Guide.

Can You File in South Carolina?

Under S.C. Code § 20-3-30, when your spouse lives outside South Carolina, you as the filing spouse must have lived in South Carolina for at least one year before filing. (The shorter three-month rule applies only when both spouses live in South Carolina.) Active-duty service members stationed here can count continuous presence as residence.

Under S.C. Code § 20-3-60, when the defendant lives outside South Carolina, you can generally file in the county where you live, or in the county where you last lived together as spouses.

A Marriage Performed Abroad

Where you married does not usually determine where you can divorce. A South Carolina family court can generally dissolve a valid marriage performed in another country, as long as the residency requirement is met and a ground for divorce is proven. Have a copy of your marriage certificate available, with a certified translation if it is not in English.

Grounds and Timing Still Follow South Carolina Law

A South Carolina court applies South Carolina’s five grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness, or one year of living separate and apart. Many international separations fit the one-year separation ground, since the spouses often live on different continents. Judges generally expect corroboration of the separation date, so think about who can confirm when you began living apart.

If either spouse is a member of the armed forces serving outside the continental United States, S.C. Code § 20-3-100 allows that spouse’s affidavit stating reconciliation is impossible to be accepted in place of the usual reconciliation certification.

Serving a Spouse in Another Country

Your spouse must be formally served with the summons and complaint. International service is often the slowest part of these cases.

Countries That Are Party to the Hague Service Convention

The United States and many other countries are parties to the Hague Service Convention, a treaty on serving court papers abroad. When your spouse lives in a member country, the treaty generally controls how service can be made. The main route is a request to that country’s designated Central Authority, which arranges service under local rules. Points to keep in mind:

• Some member countries object to service by mail or by private agents, so methods allowed in South Carolina may not be valid there.
• Documents may need to be translated into the official language of the receiving country.
• The process can take a significant amount of time, depending on the country.

Countries That Are Not Party

If the country is not a party to the Convention, service is generally made by a method permitted by that country’s law, or as the South Carolina court directs. Under SCRCP Rule 4(e), when a party is outside the state, service is made in the manner provided by statute, rule or court order. Ask an attorney before trying any method, because invalid service can undermine later orders.

When Your Spouse Cooperates

A cooperating spouse may sign an acceptance of service. Even then, consider whether the acceptance will be recognized if you later need to enforce an order in your spouse’s country.

When You Cannot Find Your Spouse

If your spouse’s location is unknown after a diligent search, service by publication may be possible with a court order. See our guide on divorcing a spouse you cannot find.

Money and Property: The Enforcement Problem

As with a spouse in another state, ending the marriage and ordering payment are two different things. Orders for alimony, support or property division against your spouse generally require personal jurisdiction, meaning the court’s authority over your spouse as a person. Our guide on divorce when your spouse lives in another state explains that concept.

Even with a valid South Carolina order, enforcing it abroad depends on the other country’s laws and courts. Practical questions to raise with your attorney include:

• Where are the marital assets located: South Carolina, elsewhere in the U.S., or overseas?
• Does your spouse earn income or hold accounts in the United States?
• Will a court in your spouse’s country recognize a South Carolina judgment?
• Would it be wiser to divide some property by agreement rather than by contested order?

Property located in South Carolina, such as a house here, is usually easier for a South Carolina court to address. Property abroad may require cooperation from your spouse or a separate proceeding in that country.

Children: Jurisdiction and Abduction Concerns

South Carolina’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), in S.C. Code Title 63, Chapter 15, treats a foreign country as if it were a U.S. state for deciding which court has custody jurisdiction (S.C. Code § 63-15-308). Generally, the child’s “home state,” where the child lived with a parent for at least six consecutive months immediately before the case, has priority.

• If the children live with you in South Carolina and have for six months or more, South Carolina is likely their home state.
• If the children live abroad with your spouse, a court in that country may have priority over custody.
• South Carolina courts generally recognize foreign custody decisions made under standards substantially similar to the UCCJEA.

If you are worried a child could be taken to or kept in another country, talk with an attorney promptly. The Hague Convention on the Civil Aspects of International Child Abduction provides a return process between countries that are treaty partners with the United States, but it does not cover every country. A custody order may also address travel and passports. Our child custody page covers how South Carolina courts approach custody generally.

Immigration Considerations

If either spouse’s immigration status depends on the marriage, divorce can have consequences. Get immigration advice before you file. See our guide to divorce and immigration status.

Recognition of Your Divorce Abroad

A South Carolina decree ends the marriage under South Carolina law. Your spouse’s country may have its own process for recognizing a foreign divorce, which can matter for remarriage, property or records there. If recognition matters to either of you, ask about it early.

Planning Checklist

• Confirm a full year of South Carolina residence
• Find your spouse’s current address and country
• Gather your marriage certificate and any translations
• List assets by location and note any foreign accounts or property
• Record where the children have lived, with dates
• Note any travel or abduction concerns

Frequently Asked Questions

Can I divorce in South Carolina if my spouse lives in another country?

Generally yes, if you have lived in South Carolina for at least one year before filing and can prove a ground for divorce.

We married overseas. Can a South Carolina court still divorce us?

Generally yes. Where you married does not usually control where you can divorce, as long as residency and grounds are met.

How are divorce papers served abroad?

It depends on the country. For countries that are parties to the Hague Service Convention, the treaty generally controls, often through the country’s Central Authority. Other countries have their own rules.

Can a South Carolina court divide property located overseas?

It may issue orders about the spouses, but enforcing them abroad depends on that country’s law. Property in South Carolina is usually easier to address.

What if I fear my spouse will take our child abroad?

Talk with an attorney promptly. A custody order can address travel, and the Hague Abduction Convention offers a return process with treaty partner countries.

Sources

• S.C. Code Title 20, Chapter 3 (Divorce)
• S.C. Code Title 63, Chapter 15 (Custody and Visitation, incl. UCCJEA)
• SCRCP Rule 4 (Process)