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Where at least one spouse is a citizen of a foreign country, the
following issues may arise in what might otherwise be a simple divorce case:
Where to file the
divorce proceeding?
At least one spouse will have the possibility to file for divorce in the United States
or abroad. Therefore, foreign law and procedure will have to be considered to
determine where it will be most advantageous to file for divorce.
Will a U.S.
judgment be valid in the foreign country? Since one of the spouses might return to the
foreign country or some marital properties may be located in the foreign
country, it will be very important to understand the conditions under which a
tribunal in the foreign country will enforce a US divorce decree and any other
ancillary decisions.
How to limit the risk
of foreign abduction? The foreign dimension will also add complexity to the issue of
child custody. Fortunately, the United States,
France and most European
countries have ratified the Convention on the
Civil Aspects of International Child Abduction which brings some
certainty to whether a US
custody order will be respected by a foreign tribunal.
Copyright © 2002-2007 Choné & Associates. All rights
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