Enduring an unhappy marriage is a life nobody dreams of. Divorce is the best way to part ways and move on with each other's life. However, there are situations when divorce is even more complicated. One of these situations is when a couple live in two places. In this situation, you might ask, which country should you file the divorce in?
Finding an Experienced Divorce Attorney
The first step towards answering this question is to find an experienced divorce attorney. Consulting an experienced divorce attorney will help you determine which country has the jurisdiction for your divorce. Likewise, he or she can also help you with the necessary steps for filing a divorce. Choose a divorce attorney with whom you can entrust your issues and concerns about the process.
Determine Which Country Has the Jurisdiction
In most instances, the place where you live rather than the place of your birth has the jurisdiction for your cases. Even if you are an American citizen, this does not mean that you automatically file for a divorce in the United States, especially if you or your spouse lives abroad. Take note, however, that while the United States may recognize a foreign divorce, it may not be used to divide property and wealth located in the U.S. Thus, if you are an American citizen living abroad, it is best to consult the U.S. embassy before filing a divorce to ensure that your rights are protected.
Consider International Divorce
There are cases when more than one country has the jurisdiction for a divorce. An international divorce is in place if any of these situations applies: you and your spouse married in a foreign country, one or both of you live abroad, and you have conjugal properties in another country. To make matters even more complicated, different countries may also have various divorce laws and diverse protocols when it comes to property division and child custody. While many couples undergoing international divorce find divorce laws in the United States fair, some spouses may take advantage of some countries' biases towards the husband's or wife's rights in terms of property division and/or child custody.
If you are confused where to file your divorce, find an expert divorce attorney who can help you determine which country has the jurisdiction, and in case of multiple countries having legal jurisdiction, they can also help you with the complicated process of international divorce. For more information, contact a local firm like WORKMAN LAW FIRM.