Gwinnett County International Divorce Lawyer

Divorce can bring significant upheaval into your life, regardless of the reasons that led you to this moment. When a divorce case crosses international borders for any reason, the complexity of differing laws, customs, and procedures can be overwhelming. If you or your spouse are Georgia residents and one or both of you live abroad or are from a different country, you will want to work with an attorney who specializes in international divorce.

A Gwinnett County international divorce lawyer can help you address challenges such as language barriers, varying courtroom traditions, and different legal frameworks so you can spare yourself costly errors and headaches down the road. Our team of experienced divorce attorneys has the resources, knowledge, and skills to provide unwavering representation throughout your case.

Filing for International Divorce

Divorce can be extremely difficult in any circumstance, but the addition of international laws and rules will certainly complicate matters. Obtaining an international divorce is possible, but it is important to understand how one or more foreign jurisdictions will impact each key legal step of your case. For example, some countries have bilateral agreements with the U.S. that help determine the proper legal venue for an international divorce case.

Working with a compassionate, skilled international divorce lawyer in Gwinnett County from day one of your case can be extremely beneficial and have a marked impact on the trajectory of the proceedings. Our firm provides unwavering legal support for both domestic and international divorce matters and can assist with the range of needs you might face in your case, from filing the petition to serving your spouse with divorce papers to resolving all disputed concerns.

Residency Requirements

Either you or your spouse must be Georgia residents for at least six months to file your divorce case in the family court. A foreign country’s residency requirements may also be involved and impact how or when you can file for divorce.

Determining where the petition should be filed and delivering the divorce summons can be challenging, even when both parties reside in the state. If one party lives or has residence in a different country, these steps can bring additional hurdles.

If your spouse lives in a foreign country, you may have one of multiple options to serve them with divorce papers. These options can include asking your spouse to waive their right to personal service (if you share an amicable rapport), using a process server in their country of residence, or asking the court for permission to serve them in a newspaper or other approved publication.

Elements and Challenges of International Divorce

It is important to understand that depending on where you or your spouse live or what international elements are involved, a Georgia family court may only minimally or partially influence how the proceedings move forward. A dedicated Gwinnett County divorce attorney can provide the oversight needed to create an effective strategy for your divorce case and help with all manner of complex international law issues.

International divorce typically involves the end of a marriage in which one party lives in another country, the couple was married abroad but lives in the U.S., or there are marital assets in another country. Other potential types of international divorce cases involve prenuptial or postnuptial agreements executed in foreign jurisdictions, divorces where one or both parties are dual citizens or foreign nationals, or child custody cases involving multiple countries.

Usually, a divorce that occurs in a foreign country will be recognized as legally valid by a Georgia family law judge, provided the matter complies with certain notifications and procedural requirements. However, some countries may also not honor divorce decrees issued in the U.S., which can add additional litigation elements to the case.

Child Custody

International divorce cases frequently become litigious in instances where one parent removes a child from their country of residence without the other parent’s consent. This is where multilateral treaties such as The Hague Convention on the Civil Aspects of International Child Abduction may bear upon the proceedings, as could foreign custody orders.

Property Division

Dividing property is another challenge that often arises in international divorce cases. Different countries have varying laws concerning the division of assets during divorce. Properties involving multiple currency valuations can complicate the proper estimate of assets involved. Issues like tax implications or enforcing property division rules from one country to the next may require lengthy disputes and cross-border mediation.

Consult With a Gwinnett County International Divorce Attorney

Vital phases in a divorce case, such as filing the initial petition or even delivering the divorce summons, can present additional difficulties when the case involves spouses with different countries of origin or residence. A Gwinnett County international divorce lawyer can help you understand the nuances of residency requirements, divorce grounds, and other important factors that can impact your case.

Our team can also help you overcome legal issues such as international property division, child support, custody, alimony, and more to ensure that the applicable laws are observed while staunchly advocating for your legal rights. Contact the Atlanta Divorce Law Group today to get your questions about international divorce answered and discuss the best next steps for your situation.