Amy Laughlin, Founder and Partner at Laughlin Legal Divorce & Family Law Group, a practice that predominantly serves ultra high net worth clients, has seen her share of international divorces and becomes animated when the subject comes up. “At the risk of sounding alarmist, if people who read this get one thing out of it, let it be this: it is absolutely essential that you speak with an international divorce lawyer as soon as possible, before anyone files for divorce, if your marriage is headed in that direction and your divorce will qualify as international. Why? Because most countries are not like the United States. Many do not have child support laws. Many do not split marital assets equally. Or at all! Many do not have spousal support laws, and I’m not talking about tiny countries with low GDPs, I’m talking about Israel, Japan, even countries in Europe. If your spouse lives overseas, and you live in the U.S., the only way you can access the benefits of divorcing in the U.S. is if you file for divorce in the U.S. before your spouse files elsewhere.”
What constitutes an international divorce? Do you need a divorce lawyer who’s experienced in international family law?
Because an international, or cross-border divorce involves multiple jurisdictions, the separating spouses work with international divorce lawyers who can navigate overlapping legal systems and international regulations to ensure the divorce is properly processed, recognized, and is enforceable in every country involved. Given the complexity of these cases, working with an experienced international family lawyer is essential to achieve a comprehensive and legally sound resolution.
Here’s Amy Laughlin again on what is meant in this context by the term ‘complex case’. “These international divorce cases are often very complex because there are at least two distinct national jurisdictions involved, so there are a lot of moving parts. There are often two sets of: lawyers, interpreters, valuation experts, property appraisers, tax experts, etc. And sometimes, a case has been filed in two countries simultaneously! As you might imagine, this can add up to considerable expense in the short term, and profound financial consequences in the long term.”
Is your divorce international?
There are a number of scenarios which qualify a divorce as an international divorce and the list below represents the most common examples. Divorcing couples that meet any of the criteria below should consult with an international divorce lawyer.
- You and your spouse are citizens of different countries. When individuals from two different countries marry, various jurisdictional differences can play a role in their divorce, and the divorce itself may not be recognized in the other spouse’s country.
- You and your spouse live in separate countries. Even if the couple are both Americans, if they are living in different countries, the divorce may become international.
- You and your spouse own property together in multiple countries. Even if a couple are both American and live together in the U.S., if they own assets or property together in a foreign country, they may be subject to the marital property laws regarding asset division in both the U.S. and the foreign country.
- You or your spouse or both of you are in the military. Service members may be sent abroad while on active duty. If a couple decides to divorce during this time, it is crucial that the service member consults with a family law attorney who understands the Servicemembers Civil Relief Act (SCRA), which offers protection to the service member during divorce proceedings.
Beginning the legal process: How to file for an international divorce? And where?
Amy Laughlin finds this to be one of the most common questions she’s asked. “The quick answer is: ideally, an experienced international divorce lawyer guides you through the filing process. The actual filing is the same everywhere in that it must be initiated by one of the spouses. We walk our clients through that part of it.
But the really crucial issue is where to file. Should you get divorced here or there? And there’s no one-size-fits-all answer to that question because with each case, we have to find the option that’s most advantageous for our client. Often it’s obvious – file in the U.S. For instance, if your spouse has moved to Europe, and most of your assets are located in the U.S., and your soon-to-be-ex is living in a non-community property country like England or Wales, you’d definitely want to file here. Always better to be in your home court.”
“But sometimes, especially with clients who have concerns in more than two countries, we have to closely weigh the options. At this point, I’ve handled divorces that involve so many different countries, I’m either already familiar with the legal landscape in various countries or I have connections there who can advise me.”
“Again, this is an urgent consideration. Sometimes there is literally a race to the courthouse because whoever files first gets to choose the jurisdiction that governs the rules that apply to the divorce. There was a client I was representing, a successful entrepreneur, and she and her husband were married in his country of origin, a country where there is no spousal support. And we had her race over there and file her case, and he tried to file in California because he wanted spousal support and the court said, no, the foreign country had jurisdiction. Because she filed first.”
Are there residency requirements for getting a divorce here or there?
In order to get a divorce in California, at least one party needs to have lived in California for at least 6 months and must have lived within the specific county where they file for at least 3 months. This doesn’t mean you can’t have traveled or been overseas for work, just that this is your state and county of residence.
The residency requirements for foreign jurisdictions vary significantly, but the same is true from state to state in the U.S. In New York, the residency requirement can be up to on years. But you can get divorced in Alaska just by being there and stating an intention to stay.
Would you like to speak with an international divorce lawyer about overseas divorce proceedings, global divorce settlements, or international divorce agreements?
Working with an attorney who’s experienced in international family law is far more likely to result in a divorce that is settled to your greatest advantage. If you would like to discuss your international divorce or any international family law issue such as international child custody or an international prenuptial agreement, the attorneys at Laughlin Legal Divorce & Family Law Group are here to help you. To learn more about how we can best represent you and your values, call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal child custody attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
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