Being married to someone who lives in another country will pose a fair number of challenges. Unfortunately, if you decide to part ways, the process of divorce will also have a few challenges you'll need to navigate. Regardless of whether or not the divorce is amicable, there could jurisdictional challenges that must be handled in such a divorce.
When you're living abroad and your spouse lives in the United States, there are a few things you'll need to do in such a situation.
Follow the Local Laws for Filing for a Divorce
Before considering anything else, you'll need to ensure that you've followed the process of filing for a divorce in the country you're living in. Some countries have a very different approach when it comes to filing for divorce. These may require some expertise to deal with. Ensuring that the right procedures are followed when filing for the divorce will make things easier up ahead.
Find a Local Attorney
When filing for a divorce in another country, the best person to assist you will be an attorney in whichever country you live in. You should ensure that the attorney you're hiring is familiar with this process and the challenges it can pose. The U.S. Consulate or Embassy in the country you live in can provide you with a list of attorneys that can assist you with the process.
Get Your Divorce Recognized in the U.S.
Having your divorce recognized in the country you live in is one thing and having it recognized in the U.S. is another. For the most part, states in the USA will recognize divorce decrees made in other countries. However, this can only happen if the required procedures were followed.
In the U.S. you'll need to find out if your divorce decree will be recognized in your state. You'll also need to ensure that the necessary procedures are followed e.g. proper notification of your spouse. A divorce attorney in the specific state where you need the decree recognized will be the best person to assist you.
Understand the Limitations of the Process
It may be complicated but it's not impossible to have your divorce recognized in the U.S. However, matters to do with child custody and division of property will require more work. Foreign courts have no jurisdiction to rule on child custody cases if your child is a U.S. citizen living in the U.S. No court in the U.S. will be required to honor any ruling in that regard made in another country.
To learn more about how to handle your divorce case, contact services such as Hugh O. Allen Law Offices.
Share29 April 2019
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