30 July, 2021
Divorce is challenging, no matter how simplistic and amicable the proceedings are for all involved. Even if the former spouses are able to celebrate together with an ironic divorce cake and parting-of-ways festivity, there is always an underlying feeling of loss and guilt for what could have been.
For most people, divorce is far from straightforward. There may be custody issues and wealth or assets to be divided. An international divorce adds further complexity to a situation that most people want to finalize as soon as possible. It is essential to note that not all divorce attorneys are familiar and proficient with international divorce proceedings. Check out the questions to ask a divorce attorney before filing for an international divorce.
What is an international divorce?
International divorce is when you file for a divorce in a country other than where you permanently reside. According to Simon Law Group, international divorces are increasingly common in our global society. For example, an American citizen may have a French wife and children of dual nationalities. They may reside in Hong Kong, have a property in the U.S. and a holiday home in Costa Rica.
When do you need an international divorce attorney?
If any of the below points are relate to your situation, then you should be looking for an attorney that has knowledge of international divorce proceedings:
- You own property or properties in another country than where you reside
- You were married in another country from where you reside
- You or your spouse live in different countries
- You or your spouse intend to move your children to reside in another country permanently
Where should you file for an international divorce?
It is highly sensible to get legal advice from an international divorce attorney before filing. This is because different countries have vastly different laws regarding divorce, custody, and the division of wealth.
While you don’t necessarily have to file for divorce in the country where you were initially married, you will need to ensure the court has jurisdiction to deal with your divorce in the country where you file. To enable you to get the very best outcome possible, obtain the legal services of a divorce lawyer as soon as possible.
What do you need to know before hiring an international divorce attorney?
There are a number of factors that may impact where you file for divorce, including:
- Where your marriage is legally recognized
- You (or your soon to be ex-spouse) has a connection to the country by behind a citizen or resident
After considering the above, you may find that you are legally entitled to file for divorce in two or more countries. In this instance, it is advisable to have your divorce lawyer look at factors such as:
- Costs involved
- Time involved
- Division of property
- Division of assets
- Custody and visitation issues
- Child support
- Enforceability
- If you speak the local language
It is essential to understand that some countries favor one party over another. Moreover, you might find that your marriage is not legally binding in the country where you currently reside, and therefore it is impossible to divorce there. Law firms specializing in international divorce will work in your best interests for a speedy and advantageous outcome.
