It is not unusual for people from different countries to marry. Depending on where they married, where they live, and how long they have resided there, laws of different countries could apply to their union. The same is true of divorce.
When the inherent stress of a divorce is compounded by international issues, you need a seasoned divorce attorney on your side. Contact an Alpharetta international divorce lawyer from our firm for help.
When you want to end your union and your marriage has an international component, you must first determine what country has jurisdiction over your divorce. Securing a divorce that your country or your spouse’s country of origin does not recognize could lead to significant complications down the road.
If you or your spouse have lived in Fulton County continuously for at least six months, you could file for divorce in Fulton County. However, it is wise to investigate the divorce laws in the foreign country where you or your spouse have ties, especially if you were married there.
If the laws in a foreign jurisdiction require you to take action there to accomplish your divorce goals, an Alpharetta attorney can help you. In many cases, we can partner with a law firm in the other jurisdiction to file the necessary paperwork and make appearances in court, if necessary.
Parents involved in international relationships often have concerns about their co-parent taking the children to another country without their knowledge or permission. In extreme cases, a parent might kidnap their child and deprive the other parent of their custody rights permanently.
The Hague Convention is a treaty that concerns child custody orders, among other matters. The treaty provisions are contained in 22 United States Code § 9001 et. seq. Simply put, the Hague Convention allows local courts to resolve child custody disputes, so that the parent who seeks help need not travel to the country where the abducting parent lives. When a parent takes the children to a country that has not signed the treaty, negotiating with the government for the children’s safe return is often necessary.
Sometimes parents are not afraid of abduction, but they need a child custody agreement that can accommodate one or both parents taking the children out of the country to visit extended family or experience the parent’s native culture. An Alpharetta international divorce attorney can develop an agreement that protects the local parent’s rights and their children’s safety while allowing these beneficial experiences.
When you divorce, you must separate and divide the marital property and decide whether a financially dependent spouse receives ongoing support, or alimony. These can be complex issues in any divorce but are much more so if some of the property is overseas.
In general, if you and your spouse own overseas real estate, the laws of the country where the property is located govern. Personal property – which can be vehicles, art collections, furniture, and other items – is usually governed by the laws of the country adjudicating the divorce case. Financial holdings are also usually subject to the laws of the jurisdiction where the divorce case is pending.
Managing the financial side of an international divorce requires deep knowledge of the law and a sophisticated understanding of finance. You will find the help you need with an Alpharetta divorce attorney.
Every divorce has its challenges, but an international divorce can feel overwhelming. You might be afraid you will not be able to preserve your relationships with your children, or you could fear that your financial settlement will be unfair.
An Alpharetta international divorce lawyer has the skills you need and knowledge you can trust. Call today to speak with a caring legal professional.