In today's global village many people travel to and reside in a number of countries. When one married partner desires to dissolve a marriage and partners are living in different countries, there are a number of issues that could arise. If one partner files for divorce and the second partner does not contest the divorce, as long as there are no children involved, it can be a fairly simple matter.
Here are some issues to consider when seeking a divorce internationally:
A person who has lived in California for a period of six months may file for divorce. That partner also must file in their county of residence, and the couple must have resided in that county for at least three months prior to filing.
THE HAGUE CONVENTION
The Hague Convention provides for the immediate return of children who have been transported across international boundaries without the express permission of both parents or a court order. If parents share legal custody of a child -as is the case in most California divorces - and one parent lives in one of the countries governed by The Hague Convention, custody and visitation issues must be resolved by both that country's and international legal standards. No child is allowed to cross a border without a passport and permission from the second parent.
CONTEST OF JURISDICTION
If the spouse has never lived in the United States he or she can legally object to getting divorced in a US court based on the concept of minimum contact.
DISCLOSURE OF FOREIGN ASSETS
According to California law, all marital assets are divided equally between spouses upon divorce. In order to execute a proper division of assets, all assets must be disclosed. If one spouse lives in another country, there may be obstacles to locating some of these assets.
None of these issues is insurmountable. If you are considering divorce or your spouse has filed for divorce, be in touch with a divorce attorney in San Diego who can assist you in navigating these and other divorce-related issues.