How Do I Handle Divorce If My Spouse Lives In Another State Or Country?

In today’s world, it’s increasingly common for married couples to live apart, sometimes in different cities, sometimes across continents. But when such long-distance arrangements break down, filing for divorce brings unique legal, procedural, and emotional challenges.

This guide explains how to legally handle a divorce when your spouse resides in another Indian state or in a foreign country, especially under Indian law. We also cover important case laws and practical tips to help you take the right legal steps with clarity and confidence.

First Step: Which Court Can You File in?

The court must first have jurisdiction, or the legal authority, to hear your case. Here’s how Indian law determines that.

What the Hindu Marriage Act Says About Jurisdiction

A divorce petition may be submitted in the Family Court at the following address in accordance with Section 19 of the Hindu Marriage Act, 1955:

• The marriage was solemnized
• The respondent (your spouse) currently lives
• You both last lived together

I’ve personally handled several cases where clients filed for divorce from their home city in India, even though their spouse had been living abroad for years. The law provides this protection when you’re the one left behind.

If Your Spouse Lives in Another Indian State

Divorcing a spouse who lives in another Indian state is simpler than international divorces. You can file your case in your own state, based on any of the jurisdiction rules mentioned above.

Key Legal Steps

• File the petition in the correct Family Court
• Serve legal notice via registered post, court summons, or publication if the other spouse avoids receiving it
• If there is no response, the court may proceed ex-parte after confirming valid service

What Courts Have Said?

In Ruchi Majoo v. Sanjeev Majoo (2011), the Supreme Court held that when a petitioner lives in India and is caring for a child, the local court can retain jurisdiction, even if the child has been taken abroad by the other spouse. I often cite this case when helping clients fight jurisdiction objections.

If Your Spouse Lives Outside India

This situation involves more layers, but it’s still legally manageable. I’ve handled international divorce filings for clients whose spouses lived in the US, UK, UAE, Canada, and other countries.

When You Can File in India?

In India, you may seek for divorce if:

• You live in India
• The marriage happened in India
• The issues (cruelty, desertion) occurred in India

When Foreign Decrees Are Not Valid?

Section 13 of the Code of Civil Procedure states that a foreign divorce decree will not be recognized in India if:

• It was passed without your participation
• The foreign court lacked proper jurisdiction
• The decree was obtained dishonestly or goes against the interests of the Indian public

In Y. Narasimha Rao v. Venkata Lakshmi (1991), the Supreme Court ruled that a foreign divorce granted without informing the Indian spouse has no legal standing here. This case has helped many of my clients defend their rights after surprise foreign decrees.

Mutual Consent Divorce Even if One Spouse Is Abroad

Many long-distance couples agree to separate peacefully. The good news is that mutual consent divorce under Section 13B of the Hindu Marriage Act is still possible, even when one spouse lives abroad.

How Do We Handle These Cases?

• One spouse file in India
• The other signs a notarized affidavit or Power of Attorney from abroad
• The court allows video conferencing for hearings in many cases

In Anita Khandelwal v. Union of India (2018), the second motion in a video conference divorce with mutual consent was granted by the Delhi High Court. I’ve successfully used this approach for clients who couldn’t return to India due to work or visa issues.

Serving Divorce Notices Abroad

Serving notice internationally must follow certain legal processes. It’s not enough to send an email or courier.

Two Main Scenarios:

• If the country is part of the Hague Convention
• Serve through the Central Authority under the treaty
• If the country is not a part to the Convention 
• Use Indian embassies, local lawyers, or apply for substituted service through public notice

I’ve handled notice service in countries like the UAE and the USA, each has its own challenges. It’s crucial to document every attempt for court scrutiny.

Challenging or Enforcing a Foreign Divorce Decree in India

This comes up when the other spouse has already filed abroad and obtained a decree.

When to Challenge It:

Bring a civil lawsuit in accordance with Section 13 CPC if:

• You didn’t receive proper notice
• The foreign court didn’t follow due process
• In India, the reasons for divorce are completely invalid

When Can It Be Enforced?

A foreign decree may be accepted if:

• It is passed by a reciprocating territory (like the UK or Singapore)
• Both parties participated in the case
• It aligns with Indian law and natural justice

In Satya v. Teja Singh (1975), before get a divorce, the husband lied before a US court. The Indian Supreme Court rejected the foreign decree. This is still a significant precedent in international divorce disputes.

Child Custody and Maintenance in Cross-Border Divorce

If there are children involved, the court may treat custody and maintenance as a separate issue from the divorce itself.

Custody Under Indian Law

Child custody laws are regulated by the Guardians and Wards Act of 1890.  The court’s primary focus always involves the child’s welfare, not what is wanted of either parent.

International Case Law

In V. RaviChandran v. Union of India (2010), the court stressed that while we respect foreign court orders, the child’s best interest takes priority. I remind every parent I work with, never use the child as leverage. Courts are quick to protect their rights.

Step-by-Step Guide to Divorce When Spouse Is Abroad

Here’s how I typically advise clients:

• Hire a qualified family lawyer
• Collect all relevant documents, marriage certificate, ID, grounds for divorce
• Submit the divorce petition in the Family Court. 
• Serve the legal notice through the Hague Convention process or by substituted service
• Use a Power of Attorney or be available through video conferencing
• If the divorce is uncontested, the court can order an ex-parte divorce
• If contested, proceed with the trial and final arguments

Each of these steps must be documented carefully to ensure smooth proceedings.

Common Challenges My Clients Faced (And How We Solved Them)

• Problem: Time zone conflict with court dates
• Solution: Scheduled hearings early or used Power of Attorney
• Problem: Spouse refused to accept notice
• Solution: Court approved substituted service through newspaper publication
• Problem: Mutual consent second motion delayed due to travel
• Solution: Used video conferencing and affidavit from abroad
• Problem: Spouse tried to use a foreign decree to remarry
• Solution: Filed a Section 13 CPC challenge against the decree in an Indian court.

Final Words: You Can Still Move On, Even If Your Spouse Is Far Away

Although it’s difficult, it is feasible to file for divorce if your spouse resides in a different state or nation. I’ve guided clients through every step of this process, from jurisdiction to notice to trial, and helped them get legal closure even across borders.

With the right legal help, proper documentation, and a clear understanding of the law, you can take control of your situation and move forward confidently.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can we legally file for divorce in India if we are both abroad? 

It’s legally possible, especially in mutual consent divorces, if at least one spouse retains Indian domicile and the marriage was solemnized under Indian personal law. In India, you might have to use a POA to approve a lawyer.

2. Is Power of Attorney legally valid in divorce proceedings?

Yes, courts often accept Power of Attorney for mutual consent divorce filings, especially for the second motion. However, depending on the country of execution, the POA needs to be notarized and apostilled.

3. How long does a cross-border divorce take in India?

Timelines vary depending on the type of divorce (mutual or contested), service of notice abroad, and court schedules. Mutual divorces with video conferencing may be resolved within 6-12 months. Contested divorces may take longer.