Multi-state and international divorces involve a level of complexity that goes well beyond a typical Washington case. When spouses live in different places, own property abroad, or have children who have moved across state or national borders, the first step is understanding which court has the authority to act. The decisions made early in the process—where to file, what to file, and when—often shape the entire outcome.
Washington courts can dissolve a marriage even if the wedding occurred elsewhere or if one spouse has moved out of state. But jurisdiction over property, support, and parenting depends on additional factors: where each spouse lives, where the children have resided, and how closely each state or country is connected to the family. For families with children, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) controls which state can enter parenting orders, and that choice is not determined by who files first.
Financial issues become even more complicated when assets are located abroad. A Washington court may divide foreign real estate, bank accounts, or business interests, but enforcing that division in another country is not always straightforward. Foreign legal systems often apply different marital property rules, and some require separate proceedings before they will recognize a U.S. judgment. Working with counsel who understands how to negotiate offsets, prevent dissipation of assets, and coordinate with foreign attorneys can make a significant difference.
International custody issues carry even higher stakes. A parent removing a child to another country without permission can trigger urgent legal action and invoke the Hague Convention on the Civil Aspects of International Child Abduction (1980). Even among signatory countries, enforcement varies, and delays are common.
A cross-border divorce requires clarity, speed, and strategic planning. With the right structure and guidance, families can protect their rights, avoid conflicting orders, and choose the path that best supports long-term stability.
➡ For general information about divorce visit our page Divorce in Washington State
Jurisdiction & Where to File
Can I file for divorce in Washington if my spouse lives in another state or country?
Yes, if you are domiciled in Washington. A Washington resident may file here even if the other spouse lives elsewhere, though the court’s authority over property or support may depend on the other spouse’s contacts with the state (RCW 4.28.185).
How does Washington decide who has jurisdiction over a multi-state or international divorce?
Washington examines where each spouse lives, where the marriage was centered, and which court has the strongest connection to the parties. For cases involving children, custody jurisdiction is governed by the UCCJEA, which generally relies on the child’s home state.
What if I was married in another country — can I still divorce in Washington?
Yes. Washington recognizes valid marriages from any U.S. state or foreign country. As long as one spouse lives in Washington and considers it their permanent home, the court can dissolve the marriage here. But you must also show that the state has power to over your spouse if you want orders about spousal maintenance (alimony) or property division. Washington must also be the home state of any children under the UCCJEA for child custody or child support questions.
Does it matter who files first in a multi-state or international divorce?
Sometimes. Filing first can influence which court handles financial issues, but custody follows the UCCJEA’s home-state rules, not a race to the courthouse. An attorney can help assess the strategic advantages of filing promptly.
Can a spouse “race to court” in another state or country to get a better outcome?
This happens in cross-border cases, especially when countries have different rules for property or custody. Whether that filing controls depends on jurisdiction, notice, and fairness. Early legal guidance helps prevent losing control of where the case proceeds.
What happens if my spouse files first somewhere else?
Two courts cannot handle the same case at once. If another state or country takes jurisdiction, Washington may pause or decline the case. However, Washington can continue if it is clearly the more appropriate forum or if the foreign filing is defective.
Property Located Abroad
➡For information about property division in a divorce see our FAQ Property Division
How does Washington divide property located in another state or country?
This can be complex. Washington courts can divide property located elsewhere if both spouses are under the court’s authority, but in some cases, additional proceedings are required in the other state or country. The rules vary depending on the type of property. Real estate, investments, or business interests all have different rules when handling multiple states or countries. Having counsel who understands both local and international enforcement makes a major difference.
How does Washington divide property located in another country?
Washington can divide foreign property as part of the divorce because the court has authority over both spouses.
But enforcing that division may require:
- a lawyer in the foreign country
- additional filings in the country where the property sits
- compliance with that country’s property rules
Mexico, India, Japan, and many European nations have different marital-property regimes (e.g., sociedad conyugal, separación de bienes), and local law can limit or reject enforcement of U.S. orders. We often negotiate offset trades (e.g., keeping U.S. assets in exchange for relinquishing foreign real estate) to avoid costly dual litigation.
Can I freeze or protect bank accounts if my spouse flees the country?
Yes—if you act quickly. Washington courts can issue restraining orders to freeze accounts or prevent dissipation when those accounts are at US banks (RCW 26.09.060).
We have obtained emergency injunctions to stop spouses from emptying accounts or moving funds to foreign banks.
However, speed is critical—international transfers can become unreachable within hours.
Children and International Custody
➡For general information on child custody see our page Child Custody in Washington State
➡For more specific information about child custody in divorce see our FAQ Divorce and Child Custody
How does Washington handle international child custody disputes?
Washington applies the UCCJEA (RCW 26.27), which governs jurisdiction and enforcement of custody orders across states and many countries.
If a parent removes a child to another country, Washington may still retain jurisdiction if it was the child’s “home state.”
Does the Hague Convention on the Civil Aspects International Child Abduction help return children taken to another country?
Sometimes. Mexico, India, and many Asian countries are Hague signatories, but enforcement varies widely.
For example:
- Mexico legally cooperates under the Hague Convention, but enforcement can be slow, and some judges rarely return U.S. children.
- India is a signatory to parts of the Convention but is not a full return-signatory, making recovery extremely challenging.
We frequently involve:
- private investigators
- attorneys in the foreign country
- U.S. State Department guidance
- local law enforcement when appropriate
Each case depends heavily on local court culture and political realities.
Can Washington enforce custody orders from another country?
Possibly. Washington enforces foreign custody orders if they meet basic due-process and jurisdiction standards under the UCCJEA (RCW 26.27.051). Orders from some countries may require an additional judicial determination before enforcement. Orders from foreign countries must also be fully authenticated as court records through property diplomatic channels.
International Child Support, Alimony, and Enforcement
How do child support or alimony orders work if my spouse lives in another country?
Washington uses UIFSA (RCW 26.21A) to enforce support obligations across U.S. states and many foreign nations.
Some countries cooperate fully; others require local counsel or treaty-based enforcement. If the foreign country will not enforce a Washington order, we may pursue:
- wage garnishment in the U.S.
- seizure of domestic assets
- passport denial through federal enforcement
- contempt proceedings if the spouse returns to the U.S.
Foreign Marriage, Domestic Partnerships, and Recognition Issues
What if we lived together in another country with different marriage or property laws?
Some countries recognize only religious marriages, civil marriages, or cohabitation contracts. Washington will still dissolve the relationship if it recognizes the union as a marriage, domestic partnership, or potentially a Committed Intimate Relationship (CIR) based on the facts.
We carefully analyze:
- Mexican civil marriage vs. church marriage
- Hindu vs. civil marriage in India
- Japan’s family registry system
- Cohabitation agreements from Europe
Each can alter what property Washington treats as community.
Special Populations: Military and Expats
How do military or overseas postings affect divorce jurisdiction?
Service members stationed abroad or on temporary duty can still file in Washington if Washington is their domicile (home-of-record). Federal law (SCRA, USFSPA) adds layers of protection and rules about pension division that differ from civilian cases.
Choosing the Right Lawyer
Do I need an attorney with international and multi-state experience?
Absolutely.
Cross-border divorce involves overlapping systems—family law, international law, tax law, property law, and immigration.
We coordinate with:
- foreign attorneys
- private investigators
- tax and banking experts
- immigration counsel
- U.S. federal agencies (when needed)
to ensure orders are enforceable and strategically sound.
Protecting Your Future in a Multi-State or International Divorce
When a marriage spans states or countries, every decision must be made with an eye toward jurisdiction, enforcement, and long-term consequences. Filing in the right place, understanding which laws apply, and anticipating how foreign courts may respond can protect your property, your parenting rights, and your financial future.
Our attorneys help clients navigate these complicated situations with steady direction and careful coordination. We work to prevent unnecessary disputes, respond quickly when jurisdiction is contested, and collaborate with trusted professionals in other states and countries when enforcement is required. Whether your case involves foreign property, international relocation, or a spouse living overseas, we help you stay grounded and in control of the process.
Cross-border divorces can feel overwhelming, but they don’t have to be chaotic. With the right legal strategy, you can protect your family, your assets, and your peace of mind—no matter where the case begins or where life ultimately takes you.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025