In a globalized society, divorce is bound to hit couples where dual citizenship is an issue. If you get your divorce overseas, will it be considered valid in the United States? Can you choose where you divorce? How would you even start the process? The best answer is to start working with an experienced divorce attorney as soon as possible to make sure you have covered all your legal bases. In the meantime, here is an overview of some of the issues involved.
One of the major decisions you can face in this type of divorce is where to file the papers. If you are living in a foreign country, chances are, you will need to file for divorce where you reside. But the ease of getting a divorce, as well as the rights available to women in particular will vary a great deal. Before you take this step, research how child custody, property division, etc. work in that nation. The costs and results of a divorce will depend heavily on where you get the divorce.
If a divorce in a foreign country is feasible, the question still remains, will it count in the U.S.? There is a good chance that if you divorced in the country where you resided, your divorce is valid here as well. However, this is not protected by any treaty or other type of agreement. And there are some states where a foreign divorce will not be recognized. When it comes to your specific case, you will have to do some digging. You may need to call the Attorney General's office, armed with marriage and divorce documents, and the pertinent laws from the country where you divorced.
Before you take any legal steps—particularly if child custody is involved in your case—you absolutely need to consult a legal expert who can help you compare family law in the United States to divorce law overseas, as well as international laws that may be at play. Talk to our Long Island divorce lawyer today to see if we can help you in this crucial and complex matter. Reach the Meyers Law Group, P.C. today!