Clients often are in a hurry to get a divorce.  Many times they have seen advertisements or have heard from third parties that they can fly to Haiti, Mexico, or some foreign jurisdiction and obtain the divorce within 48 hours.  While it is certainly possible to get a foreign divorce, you need to be very careful in trying to obtain a “quickie foreign divorce.”

Virginia and most jurisdictions in the United States will recognize a foreign divorce so long as appropriate due process requirements have been satisfied.  There has to be proper notice to the other spouse and an opportunity to be heard.  There also has to be proper jurisdiction established in that foreign country.

The vast majority of the time foreign “quickie divorces” will notbe recognized by Virginia or most states.  The jurisdiction of a foreign divorce can always be the subject of attack at a later time.  Whether the due process requirements to satisfy Virginia or that particular state have been satisfied can always be subject to scrutiny.  Even if the divorce is found to be valid, the divorce may be limited strictly to the entry of the divorce without any binding effect concerning division of property or support or custodial rights. 

Nine times out of ten the best practice is to satisfy the jurisdictional requirements of the state or states that have jurisdiction and not to seek a foreign divorce simply to obtain such a quick divorce.  

Virginia requires that one of the parties be a resident and domiciliary of the state for six months prior to the filing of a Complaint for Divorce.  While a party may want a quicker divorce, it is a much more prudent practice to satisfy the Virginia jurisdictional requirements or the state where the parties are located and file in that state rather than attempting a “quickie foreign divorce.”