When you and your spouse are citizens of different countries

| May 14, 2016 | Divorce |

Every divorce in Georgia or elsewhere in the United States includes dynamics that are unique to the couple. However, if your spouse is a foreign national or has dual citizenship, U.S. family law may not be the only legal factor that applies to your situation. At the Siemon Law Firm, we are aware of the importance of identifying the laws in a spouse’s home country to determine the impact they may have on a divorce involving international assets.

According to Reuters, the United States and countries in Europe have divorce laws that are different from each other. Therefore, where you and your spouse decide to file, will determine which country’s laws will apply. For example, if you and your spouse have ties to France and the U.S., and you are living in the United States and file for divorce there, then American laws will apply. If you file for divorce in France, then French laws will determine the outcome.

In the event that you have property in both countries, then the law becomes a bit more complex. You may receive a foreign property in the divorce but be unable to take control of it due to the laws of the country that property is located in. Still, the disparities in even the most similar justice systems may lead to favorable conditions for your spouse if the divorce is filed in his or her home country rather than in the United States. In many cases, the determining factor in achieving a better outcome may be as simple as filing first.

If your marital property is located in another country, the division may still be achieved by filing in the United States, depending on the details of your situation. However, if your spouse is unable to come to the United States, or you are unable to leave the country, it could create barriers in your ability to fight for your rights to your fair share of the asset in court. For more information about factors that affect the division of marital assets, please visit our web page.

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