There are many complications and difficulties for when it comes to international divorce. The laws in other countries all differ, drastically so compared to state to state.
Examples of complications include if you got married before moving to the United States or just when overseas. If the marriage starts coming to a natural end, leading to one partner returning to their home country or just leaving, then it causes mass confusion.
Where You Should Get Divorced
Firstly, if you’re going to get divorced, try if possible, to have both of you in the same country when filing. It’s much more manageable to get a recognized divorce and sort paperwork even if you’re both in Switzerland at the time.
If one of you is still US based, then you can file for a divorce at your local court straight away even if your spouse currently lives internationally. You’ll still be expected to follow state process, this can be a variety of things, depending on what state you are filing from.
It may be difficult to send paperwork to your spouse, listing your intentions for divorce, so consider using a third party to deliver. Speak to your attorney before doing anything.
Living Abroad And Recognition
If you’re no longer living in the United States, then things get a little bit more complicated. Even if it’s only one of you that is living abroad.
You’re probably best of contacting the U.S. embassy or consulate to obtain locally approved lists of attorneys to assist in the process. If you’re not sure where your embassy is, then use the government website to find your local one, this is good general advice.
Mostly, the United States will recognize foreign divorces, as long as the country in question has certain procedural requirements met, such as proper notice to both parties.
Foreign courts are not likely to issue decrees regarding circumstances of your children, certainly so if they are US citizens. They simply won’t have the jurisdiction. You’ll need to go to your own courts for that.
When you do go to a family court in the United States, make sure you get the best representation. Fullenweider Wilhite are considered to be a top divorce lawyers, based in Houston, TX. They will be able to clean up international issues you may have had and sort out your domestic terms that couldn’t be agreed internationally.
Marriage and divorce are usually considered matters reserved to states rather than federal government. So specific questions regarding foreign divorces should be sent to the office of the Attorney General of the specific state.
Some Terms You Should Know
Getting divorced internationally, you may hear some words and terms you don’t recognize, so here are what a few of them mean.
Domicile – This refers to the country where you have your permanent home. This can be simple but for others, a complicated question.
Habitual Residence – This is slightly different, more referring to where you normally live, not necessarily meaning permanent fixed address.
Jurisdiction – This refers to the legal powers and rights of a court in dealing with your divorce.
These are a few of the terms that may be tripping you up and causing confusion in regards to international divorce, hopefully it helped.
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