Marietta International Divorce Lawyer
A divorce that involves spouses with citizenship in other countries is inherently more complicated than a domestic divorce. You need to work with an attorney with a thorough understanding of the treaties that govern child custody, and which country’s laws govern financial and other issues.
Work with a Marietta international divorce lawyer when your divorce involves a spouse with ties to another country. They can learn about your goals, guide you through the process, and obtain the most favorable result possible in the circumstances.
Parenting Plans That Allow for International Travel
The Official Code of Georgia §19-9-1 requires divorcing parents to submit parenting plans to the court before the dissolution of their marriage. The judge reviews the plan to determine whether it suits the children’s best interests. If so, the judge will incorporate it into the final divorce decree and it will have the effect of a court order.
Most parenting plans prohibit either parent from taking the children out of the jurisdiction without the other parent’s permission. However, when one or both parents have strong ties to other countries, extended trips to those countries may be desirable and beneficial to the children.
Our Marietta international divorce attorneys are adept in helping parents craft fair and flexible parenting plans. We will take the time to understand your needs and ensure the children have the opportunity to know their extended family and experience their parents’ culture firsthand.
Child Custody Disputes Involving Foreign Jurisdictions
Sometimes a parent fears their co-parent might take the children to their country of origin and not bring them back. Tragically, parents do sometimes abduct children and try to keep them permanently in another country.
The Hague Convention is an international treaty, established in U.S. law at 22 United States Code §9001 et seq. The treaty establishes the validity of child custody orders across borders and allows a parent to enforce a child custody order in their local courts. Our international divorce attorneys would engage a firm in the foreign jurisdiction to represent a Marietta parent’s interests there, if necessary.
Many countries have not adopted the portion of the treaty related to child custody disputes. When a parent takes a child to a non-signatory country, our firm can work through the U.S. State Department and legal professionals in the foreign jurisdiction to compel the children’s safe and speedy return.
Property Division Issues in International Divorce
When you divorce in Georgia, your property will be divided according to equitable distribution principles. That means the division must be fair considering all the relevant circumstances but it need not be equal.
The first step in the property division process is identifying and valuing all the marital property. A spouse might try to hide foreign holdings or undervalue them to reduce a spouse’s property settlement. This phase of divorce proceedings could require help from a forensic accountant and appraisers in the place where the property is located.
When a judge issues a property division order that requires a spouse to get a portion of property located in a foreign jurisdiction, enforcing the order can be problematic. Foreign courts will not always honor orders concerning property located in their jurisdiction. Our Marietta attorneys will work to negotiate a property settlement that prevents a need to enforce orders in foreign jurisdictions whenever possible.
Consult a Marietta Attorney When Considering an International Divorce
International divorces raise unique issues. It is essential to work with legal professionals who understand the complexities of these situations.
Contact a Marietta international divorce lawyer at our firm when you are considering ending your marriage. They can explain the issues that might arise and help you prepare as well as provide zealous advocacy during the proceedings. Get in touch today.
