Washington D.C. International Divorce Procedures and Choice of Law

In Washington D.C., courts apply traditional conflict-of-law principles. Generally, if both spouses reside in D.C., or if one is domiciled here and meets the residency requirement (6 months before filing), D.C. family law applies. However, if one party resides abroad or the marriage was celebrated elsewhere, the court may need to evaluate the proper jurisdiction using factors such as:

• Common nationality at the time of divorce
• Place of shared marital residence
• Location of assets and children

Here are a few general scenarios illustrating how D.C. courts might handle legal application:

• A U.S. citizen married to a foreign national while both lived in D.C. will likely use D.C. law.
• A foreign couple who lived in another country but later moved to D.C. may still be subject to their home country’s laws depending on domicile and connection.
• A spouse living abroad may have their local law apply unless Washington D.C. has a stronger jurisdictional tie.

In uncontested divorces where both spouses agree on divorce terms and one spouse resides in Washington D.C. for at least six months, the Superior Court of the District of Columbia has jurisdiction. If the foreign spouse is physically in D.C. or consents to jurisdiction, a mutual consent divorce can proceed smoothly.

If spouses cannot agree outright but are willing to settle through mediation, Washington D.C. allows alternative dispute resolution methods. A foreign spouse may participate via legal representative without appearing in person. Courts often accept settlements negotiated through attorneys or remote hearings.

If mediation fails or one spouse is uncooperative, a contested divorce through litigation is required. The court must first verify jurisdiction. Key considerations include:

• Whether the marriage was primarily conducted in D.C.
• The presence of children or marital assets in D.C.
• Whether abandonment or separation occurred within D.C.

If the foreign spouse resides abroad and refuses to participate, the D.C. court may still proceed with a default judgment, provided proper service of process is accomplished according to the Hague Service Convention or equivalent protocols.

Washington D.C. follows equitable distribution principles. Courts divide marital assets fairly but not necessarily equally. The challenge in international divorce is determining which jurisdiction’s property laws apply.

If D.C. law governs the divorce:

• All assets acquired during marriage are subject to division, regardless of which spouse holds the title.
• Retirement accounts, real estate, and business interests are included.

If a foreign jurisdiction's law applies (e.g., community property systems in civil law countries), a different set of rules may affect the outcome.

Example Comparison:

International divorces may require a lawyer’s support in the following situations:

• Locating and serving a spouse overseas
• Evaluating foreign property laws or dual nationality issues
• Dealing with international child custody under the Hague Convention
• Preparing financial disclosures across multiple jurisdictions

Having a local attorney familiar with both Washington D.C. and international family law can prevent delays, jurisdictional disputes, or unenforceable court orders.