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International Divorce (Jurisdiction Issues)
When involved in an international divorce, the lines of the law may become blurred. In fact the complexity of international divorce can leave many individuals confused and frustrated. Nevertheless, in understanding of the legally defined parameters of international divorce, a somewhat cloudy issue could become a little bit clearer.
If you or your soon-to-be ex-spouse have more than one residence in more than one state or country then the lines of jurisdiction may not be clearly defined. Why? Due to the fact that various states and countries have different laws pertaining to divorce proceedings, what may seem equitable in one state country, may not be equitable to you in another state or country. Thus, divorce proceedings and the more laws associated with them vary from one jurisdiction to the next and determining what governing body will have jurisdiction over your proceedings in critical.
One also must remember that in various countries and states residents can only file for divorce if they have massive the governing bodies rules pertaining to the length of residency in such a country or state. Therefore, where you can file for a divorce when the lines of jurisdiction are blurred is something that you will need to research thoroughly. Also, some countries will apply their existing laws in a divorce proceeding if one of the parties is a resident of their country. Conversely, other countries will apply the law of the country that the non-native party is originally from. Moreover, depending on the laws of which country or state is applied to your divorce proceedings, the courts will make determinations pertaining to the division of your assets on such laws. Again, it pays to fully understand the laws that may apply.
Other factors that might be affected when you are filing for an international divorce may include issues will alimony, child support, and tax responsibilities once the divorce is settled. Further, such issues can become huge issues in terms of international divorce. For example, if one countryís court system will rule on alimony payments and another will not, such an issue can make a big difference in your life financially. Or, what happens when you and your spouse both want physical custody of the children, yet you live in separate countries? What would you do?
How can you fully understand the laws that apply in international divorce cases? By contacting a solicitor, thatís how! A solicitor can advise you where you are supposed to file for your divorce and what laws will affect you in the state or country in which you file. By having a solicitor, you will be able to protect your rights no matter what country you file in.
You may want to consider finding a solicitor that specializes in international divorces. Nevertheless, you must bear in mind that a solicitor that specializes in any legal area is bound to cost more; you are, after all, going to be paying for their specialties. An international solicitor will be familiar with all of the various international divorce laws and can help you make the most out of your already stressful situation.
International divorce can make some seriously ugly problems rear their monstrous heads! Issues with child support, equitable division of martial assets, tax responsibilities and even alimony issues become increasingly difficult when the concept of jurisdiction becomes involved in divorce proceedings. Therefore, it is imperative that any individual involved in an international divorce find a reputable solicitor to guide them through the divorce process. In the end, a solicitor can help you protect your rights and also help you make the most of an already bad situation.