Jeff Landers, an author on divorce, recently wrote an article for Forbes in which he discussed some of the special considerations relating to divorce in instances when one or both of the spouses have dual citizenship.
His advice at the very outset: Secure a qualified divorce team that will know the answers to or help you find the answers to questions that can be quite singular regarding international child custody issues, property division, child support, alimony and other matters.
Landers says this applies especially to any woman who is part of a dual citizenship marriage and is thinking about divorce. He makes the obvious point that, just as things can get comparatively complex across one or several fronts when different American states’ laws come to the fore in a divorce matter, they can turn absolutely murky when differing foreign systems and legal regimes are involved.
Consider a hypothetical where the husband is a national of a country that is widely known for male dominance and not recognizing women’s rights. The outcome of a child custody, asset division, support or alimony dispute could be quite different if that country’s laws applies versus those of a nation more supportive of women’s prerogatives.
Any person in a marriage featuring dual citizenship who is leaving the United States and contemplating divorce should seek a personal education in advance of departure regarding answers to another country’s laws on common divorce considerations.
An experienced divorce attorney can be an invaluable source of information and support concerning such matters.
Source: Forbes, “Small world, big problem: Divorces involving dual citizenship,” Jeff Landers, Jan. 10, 2013