One of the most common issues that come up with international divorce is that every country has its laws governing how and under what circumstances someone can get divorced. You must first establish which country has jurisdiction to authorize a divorce, and if both countries are authorized to do this then you must decide which country to proceed with. Some countries have certain residency requirements, while others may require that the marriage occurred within their country to issue a divorce. Another issue that might come up is that your marriage must be legally recognized in the country you’re in to seek a divorce. If you’re currently in the U.S., almost all marriages are recognized here, but other countries might have more conservative laws, especially regarding same-sex marriage.
In cases where each spouse files for divorce in a separate country, the court in the U.S. may or may not decide to hear your case based on a few factors. Some of these include how much of the couple’s joint assets are located in the U.S, whether either spouse is officially living in the U.S., if filing in a foreign country would impose a hardship on one spouse, and if the available evidence is predominantly in the U.S. or the other country.
The Hague Service Convention also has rules regarding established spousal and child support. This states that any country that has signed on to the convention must recognize and enforce the other country’s support orders.
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