Getting an International Divorce: How Easy is it?
International divorce is a divorce with an international component. This could mean a number of things to different people. It could mean getting divorced from a spouse who is a foreign National, getting divorced as foreign nationals who live in the US, or relocating to another country and wanting to get a divorce from your US spouse. People rightly wonder: how easy is it to get an international divorce?
The answer is that it depends on your situation. Generally an international divorce entails more complexity than a divorce between two US nationals whose property is exclusively in the US and who have no plans to leave the US.
What Kind of Issues Do You Face in an International Divorce?
There are many issues people face in an international divorce. The complexity of the issues facing people in international divorce are as diverse as people’s lives. The milestones of a regular divorce could be complicated by issues such as different laws surrounding foreign property and child custody. Generally if you have been resident in the US for the required period of time you can get a US divorce, which can then be domesticated and accepted in the foreign jurisdiction. Nonetheless it’s important to have a strong divorce agreement that won’t be subject to challenges and disagreements that could cause complicated legal fallout. Here are a couple of issues you may face if you’re going through an international divorce:
You or a spouse’s immigration status is tied up with your marital status. When you get a divorce one of you may lose your ability to live and work in the US. A divorce may need to move at the speed of one person’s immigration process, which could be part of the divorce mediation process.
Child Custody and International Relocation. International parenting plans are complex and need to be written carefully with the best interests of the child in mind.
International Property. If you have international property the consideration of how to divide this property will be complex. The rules for dividing retirement accounts, trusts, and the valuation of international property will differ greatly from country to country. You need to undertake this process with qualified financial professional divorce mediators and appraisers who can value complex property and help you abide by the specific process for dividing property internationally.
Why is International Divorce Mediation Appropriate for my Divorce?
There are many divorce approaches, and anyone who is getting a divorce will have to choose the right one that fits their situation. International divorce mediation is often more suitable for international divorce because it cuts through the red tape involved in an adversarial divorce process. In an international divorce this can easily become overwhelming. Here are a few reasons why international divorce mediation is often the right choice for international divorce:
It’s very difficult to enforce court orders in a different country with different laws. When you mediate your divorce settlement it will be acceptable to you both and there is less likelihood of court involvement which is extremely complicated across multiple jurisdictions.
Court dates and hearings often require people to attend in person, whereas international divorce mediation can be done entirely online from wherever you are based.
International divorce mediation saves money and time. It puts the timeline of the divorce under the control of the divorcing spouses which means important decisions about the sale and transfer of international assets, such as real estate, business interests and investments can be made at time when it’s most optimal.
International divorce is a process that is child-centered, informed by the child’s development needs and will not require the child to go through a traumatic adversarial process.
Who We Are And How We Can Help
We are highly qualified international divorce mediators and negotiators with financial and legal expertise and sophisticated mathematical and financial methods of modeling the potentials of your international finances in divorce. International, high asset divorce should be undertaken with care and deep expertise. We offer our clients a streamlined process with in-house appraisal and a strong team to support you in your international divorce transition. We have offices in San Diego, CA, Silicon Valley, CA and Berkeley, CA. We can work with you in person, but many of our divorce mediations take place remotely via videoconferencing that is completely confidential, using secure private servers. If you are contemplating an international divorce, please contact us for a free consultation to see how we can make the process easier.