International Divorce
US Divorce is in most cases a pretty straightforward procedure in the USA for many people, there is no federal statues concerning divorce in the USA, which can complicate a international divorce; In many cases for US citizens getting the divorce in the USA is going to be the cheapest divorce, but will it be enforceable, and do you care if it is enforceable? An international divorce offers up a whole host of cultural and law issues that can make it a legal quagmire Getting a cheap international divorce can be very hard to find. There are many questions that need to be answered before you decide to file an international divorce, missing one can cost you. A good strategy is too find lawyers from the potential countries and states that you can use to seek the divorce and find out the legal ramifications to the questions below.
Do you have significant assets overseas? Are they in many countries or just in the spouses country? Are they liquid ? Can they be moved? Are they in trusts? Inhered assets ? Just like in the USA and other western countries the two biggest things that are going to get fought over in a divorce proceeding where there is the most passion is money and children.
You might find yourself in a situation where the kids are held by a spouse to force you to support them. In many countries the wife will get the significant amount of the assets as it is seen that she will not have the same earning potential as the husband, however this can be reversed if the wife is an alien to the country where the divorce is happening, then they might decide that she has better earning potential and the husband will get some form of compensation, perhaps all of the assets in the country and maybe even the kids if he requests them.
Kids Where are the Kids now? Where were the kids born? Do you have Passports for them? Can you travel overseas without the permission of the other spouse? Will you be seeking sole custody or joint. Visitation rights. with children it can be very difficult to get them out of some countries if the spouse that lives there is blocking you from getting them out sometimes they really don't want the kids but are in effect holding them ransom with the idea of getting concessions that you would be unwilling to give them otherwise. Even if you have a proper divorce from another country if the children are in a country that favors the other spouse even if it is not their home country it can be difficult because of cultural and legal bias to get the remedy that you have all ready secured.
Has your spouse stated divorce proceedings in another country or jurisdiction?
How long have you been in residence in your current country?
Why are you seeking the divorce Incompatible ? Immoral or Criminal Behavior?
Do you have a prenuptial? From which country? Was it filed in all the countries that could be possible jurisdictions.
Laws and cultures are different everywhere divorce is a major decision before you make it make sure to talk to qualified lawyers, attorney, barristers and law advocates before you make any moves to protect yourself and your dependants.
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This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.
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