How To Handle International Divorce Issues

With the ease of travel and technological improvement, more people relocate or move abroad. This can pose difficulties in divorce-related matters. Couples who live in different countries (or states) face unique issues when enforcing or modifying court orders.

A state court considers any divorce paper issued outside of that state foreign. Local courts don’t automatically recognize foreign judgments for child support, alimony, child custody issues, spousal support, or other matters. If you find yourself navigating the divorce laws of multiple jurisdictions, please contact an experienced divorce lawyer who can explain your legal options.

Jurisdictional Challenges in International Divorce

Foreign countries may have vastly different criteria for determining jurisdiction over individual parties and the subject matter. More than one court may have jurisdiction.

Jurisdictional issues can impact any of the following:

• Property division
• Child custody
• Child support
• Enforcement of the divorce decree

The legal framework for international divorces can be complex because it involves laws of multiple legal systems. One party may challenge the jurisdiction you select. Some factors impacting jurisdiction include:

• Residency and nationality
• Recognition of foreign divorces
• Choice of laws and treaties

An experienced divorce lawyer can help you work through the applicable divorce law for your case.

Enforcing Foreign Divorce Decrees

The parties must typically return to the same court to enforce a divorce decree. However, this can prove difficult if one party moves out of the country or state later. There are situations in which a court will enforce a foreign divorce decree by domesticating the foreign court order.

Domesticating a court order requires proof that the court issued the order lawfully. Courts in the United States recognize orders issued by other U.S. states when a party follows proper procedures.

Divorce court orders issued by other countries are enforceable after they are domesticated. However, domesticating a foreign court order can prove more difficult than domesticating an order from another state. The court may scrutinize the foreign order to evaluate the following:

• Whether the foreign order is consistent with the state’s law and public policy
• Whether there is proof of a lack of due process
• Whether the court had jurisdiction
• Whether there’s evidence of partiality

If a court is satisfied that the foreign divorce decree meets its requirements, it will be treated as if the state court issued it. Each state will have requirements for what you must submit to the court. An experienced family law attorney can help you change or enforce a foreign divorce decree.

Dividing Assets Across Borders

A divorce involving property or assets in different countries requires navigating the complexities of multi-jurisdictional laws. Assets may include bank accounts, real estate, or interests in foreign corporations. The asset division can involve complications and require the parties to determine which country’s laws apply to the case.

The asset division will impact whether jurisdiction is proper in a U.S. court or another country. Sometimes, more than one country can have jurisdiction over the property division during divorce. Significant issues involved with international asset division include the following:

• Understanding the different legal systems
• Tax implications of cross-border transfers
• Valuation of international assets
• Tracking and disclosing assets
• Legal restrictions for transferring property, such as residency requirements

If a spouse fails to disclose all assets, including those held internationally, it could lead to legal consequences such as fines, contempt of court, or criminal charges.

Child Custody in International Divorce

When one parent lives in a foreign country and the other one lives in one of the U.S. states, you must understand the jurisdictional issues involved and the role of international conventions.

When the laws of different countries are involved in child custody matters, it implicates international family law issues. International child custody matters involve child custody cases across international borders. Resolving the legal issues for custody arrangements in the divorce proceedings can be complex.

Role of International Treaties in Divorce

The Hague Convention on the Civil Aspects of International Child Abduction is an important international treaty addressing child custody issues in a foreign country. It helps with the return of children who were wrongfully removed or held unlawfully in another country. When the country is also a signatory to the Hague Convention, it allows parents to seek the child’s return. The Hague Convention provides a means to enforce custody orders across borders and provides guidelines for handling international custody battles.

International child custody involves different laws and processes. The foreign courts can handle matters differently than the American courts. Working with experienced divorce attorneys who can provide legal counsel for your situation is essential.

Get Legal Help for Your International Divorce Issues

An international divorce can involve a complex mix of laws from different countries. It’s vital to have an experienced divorce lawyer on your side. They can provide legal advice and explain your legal options. Most attorneys will speak with you for informational purposes before you enter into a lawyer-client relationship. Get in touch with a lawyer today.