Trusted Legal Counsel For International Divorce
Globalism has led to an increase in marriages between people of different nationalities. When couples from different countries divorce, it raises questions about jurisdiction, child custody and visitation, child support and alimony, division of foreign assets and more.
The attorneys at Shulman Family Law Group have extensive experience in international divorce law, allowing them to protect their clients’ rights in these complex cases.
Determining Jurisdiction
Because divorce laws are different in different countries, where a divorce will be adjudicated is critical. Jurisdiction refers to which country’s courts will have authority over the decisions regarding custody, division of assets, etc. This may come down to something as simple as who files for divorce first, which is why it is important to enlist legal representation promptly.
Our lawyers help international divorce clients determine where to file, whether to challenge another court’s jurisdiction and whether divorce proceedings in two jurisdictions is necessary. Often, U.S. courts present more favorable options than a foreign court, so we work to keep the proceeding in the U.S.
More than 75 countries are members of the Hague Conference on Private International Law, which includes a number of conventions and protocols regarding divorce, child custody, child abduction, child support and other family law matters. The conventions have not been ratified by all member countries, but it is helpful in many instances, particularly in international child abduction cases.
Property Division
Divorcing couples may own property and other assets in different countries. The division of marital assets is an important factor in establishing a standard of living in post-divorce life. In the U.S., laws provide for extensive discovery to establish an accurate account of each spouse’s assets.
Other countries are not always as stringent regarding discovery. One spouse may attempt to conceal foreign assets. We will take every step available to us to protect your rights and ensure a favorable division of assets.
Custody And Visitation
A child with ties to multiple countries may pose complex legal questions when it comes to custody and parenting time. As with other divorce issues, the matter of jurisdiction is vital in determining what post-divorce life will be like for children in these cases.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law that has been adopted by all 50 states in the U.S., addresses jurisdictional issues in both out-of-state and international cases. Under UCCJEA guidelines, courts consider:
- Where a child has lived for the past six months
- Whether the child has a “home country”
- Whether it is more appropriate to award jurisdiction to another country
We have a thorough understanding of the UCCJEA, as well as other foreign child custody laws that may apply to your case.
Put Our Experience In Your Corner
Divorce is complicated enough when it involves two U.S. citizens. If one or both parties have foreign ties, divorce becomes more complex. We are prepared to protect your rights and work to produce the best possible outcome in an international divorce. Call 818-222-0010 or use our online contact form to schedule a consultation at our Calabasas, California, office.
