Divorce Law and International

Divorce Law and International

If you and your spouse are currently living abroad and you are considering a divorce, you may be wondering how complicated that can be. Divorce itself is already a complicated subject and if you are overseas then this can make the process feel more frustrating and harder, especially if you have nowhere else to go. If you are attempting to go through this process without the help of an attorney, you may want to reconsider. When you work with a divorce lawyer who knows how to process your divorce while you are living internationally, you do not have to worry about what you will do with your property that may still be in the states or what kinds of additional paperwork you will need to file. 

What if I get a divorce decree in the country I currently reside in? 

If you get a divorce decree when you are not living in the United States you may be wondering if this is something that will hold up when you travel back to the states. This decree will only be upheld by the United States if certain requirements were met. This is why it is best to work with a divorce attorney familiar with international divorces. They will be able to help you understand which requirements need to be met so that the United States recognizes it as a legitimate and legal divorce.

What if our children are living in the United States at the time of the divorce?

If you have children, you will certainly want to speak with your divorce lawyer about what will happen in terms of child custody rights. The foreign court would not have the authorization to deal with your custody rights if the children live in the United States and this is something a United States court would need to make a decision on. Your attorney can draft up a child custody agreement and speak with the courts about making a decision. 

What if I live in the United States and my spouse is living abroad? 

You would expect to go through the same divorce process as you normally would. If you are living in the states, your attorney will help you file the petition for divorce and make sure it meets your state’s requirements. Unless your spouse has waived their right to being summoned, they will need to get a copy of the divorce petition. In certain situations, you may need to speak with a foreign country attorney and work with your own attorney in the United States to make sure that you are complying with all laws and so that the divorce goes through smoothly and is legally binding. 

For more information, contact an International divorce lawyer from Divorce Lawyer Chronicles today.

Leave a Comment