If you and your spouse are currently living abroad but are anticipating divorce, you may want to consider getting a foreign divorce. Conducting your divorce in the U.S. is of course preferable because it is the easier option, but if you and your spouse are not planning to return to the U.S. for some time, a foreign divorce may be the best option for you. To conduct a divorce abroad, consider the following steps to help ensure that your divorce is valid and recognized under U.S. Law.
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Conditions of Foreign Divorce
First, make sure that the country in which you and your spouse reside recognizes and performs divorces. Some countries do not acknowledge divorce as an option at all. If this is the case, you will likely have to return to the U.S. to conduct your divorce proceeding. If you are in a country that does perform divorces, make sure you meet the requirements they have for divorcing foreigners and follow all procedural laws closely.
All U.S. states recognize foreign divorces, provided that a few specific conditions are met. Check with your state to learn what these requirements are and direct any questions to an experienced divorce lawyer in your home state or to the state’s Attorney General’s Office. The most important condition is that both parties are informed of the divorce and consent to it. Even if you are residing in a country that allows one party to divorce another without his or her knowledge and/or consent, such a divorce is not considered legitimate in the U.S.
Another important condition that usually must be met is that one or both spouses must be residing in the country of interest when the divorce is performed. This means that one or both spouses must be a legal resident of the country in order for the divorce to be recognized by the U.S. Check with your state’s Attorney General’s Office for a list of exceptions to this rule.
The Usefulness of a U.S. Lawyer
An American lawyer who is practicing law in your home state can be a huge asset in a foreign divorce case. He or she can answer any questions you have regarding divorce and help you arrange a legitimate end to your marriage. Additionally, a U.S. lawyer from your state can advise you on all aspects of divorce, from property division to child custody to residence rights. When conducting a foreign divorce it is especially important that you have a divorce lawyer who will protect your interests and fight for a fair division of assets.
For More Information
Foreign divorces can be even more complex than divorces conducted domestically in the U.S. A good divorce lawyer will help to ensure that you are well informed and prepared to face the consequences of your divorce. For more information and advice on divorcing abroad, please visit the website of experienced Austin, Texas divorce attorneys Slater Kennon & Jameson, LLP here.
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Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine |
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