Filing for Divorce When Living Abroad
The divorce process can be somewhat complicated if one of the spouses lives overseas. If you are currently living abroad, here’s what you need to know about the process of filing for divorce.
Know your local laws
Depending on where you live, you may need to abide by the laws in your local area to get a divorce. In such a circumstance, you should reach out to the U.S. Embassy or Consulate in your area, which will be happy to provide you with the resources you need to get the process started.
The United States will recognize a foreign divorce decree in some circumstances, at least to a certain extent. American courts will want to make sure the foreign country made sure proper procedural requirements were met in the filing process, for example, and that certain issues are addressed in the divorce decree. You may need to contact the Attorney General in your state to get a determination on whether or not your divorce decree will be considered valid in the United States.
Ultimately, however, you may need to go through some additional procedures in the United States for all elements of your divorce to be properly resolved and legally binding. For example, child custody issues will almost certainly need to be resolved in the United States, as American courts reserve jurisdiction over that issue. In addition, foreign divorce decrees might not be sufficient for creating asset division arrangements for assets located in the United States.
For more information and guidance on the steps you should follow if filing for divorce while overseas, meet with a knowledgeable Long Island divorce lawyer at Bryan L. Salamone & Associates.