Getting divorced is difficult enough, and it’s even more challenging when both spouses have ties to other countries. The first issue in any cross-border divorce is what country has jurisdiction, as this will determine what body of law will apply and where the proceedings will be located. It’s also possible for more than one country to have jurisdiction to hear your case, giving you the opportunity to choose what’s most convenient and appropriate for your circumstances. Cross-border divorces can be extremely complicated, so it’s important to choose an attorney with a great deal of experience in this area. Envision Family Law, LLP has California cross-border divorce attorneys with the skills and knowledge necessary to offer you the highest quality representation.
Will The Divorce Be Recognized In The United States?
One of the most important things to consider when pursuing a cross-border divorce is whether it will be recognized in the United States. California courts will not accept a foreign divorce unless one of the spouses had a domicile in that country. California law defines a domicile as a “true, fixed, permanent home and principal establishment,” and will not recognize a divorce in a foreign country unless one of the spouses meets this requirement in that jurisdiction. As long as the domicile requirement is met, California will honor a divorce in most jurisdictions abroad. If one or both of the spouses are planning to move to another country, it’s important to ensure that the divorce is valid in that jurisdiction as well. For example, Indian law does not require the acceptance of a foreign divorce and will only accept divorces that meet their very strict standards, so it might make sense for a spouse with a domicile in India, and that might want to remarry in India, to consider getting the divorce in India.
Consider What Law Will Apply For A Cross-Border Divorce
If it’s possible to choose the jurisdiction for your case, you might consider the one that’s more advantageous to your interests. For example, in Europe the financial discovery process is not as thorough, so if there are financial matters that you’d like to keep private, you might want to bring your divorce action in a country that does not require broad disclosure in matrimonial actions. On the other hand, if you’re seeking support from a self-employed spouse and require proof of their high earnings and assets, insisting on divorcing in California would be prudent.
California Cross-Border Divorce Attorney
If you or your spouse have a domicile abroad and are considering a divorce, it’s important to hire a California cross-border divorce attorney that’s handled many of these divorces. Envision Family Law, LLP has the experience necessary for handling cross-border divorces and a wide range of other matrimonial matters.