Interstate and International Divorce

• International divorces or multi-jurisdiction divorces can be complex, and knowing your rights and how to pursue your divorce in the most favorable jurisdiction is critical to a quality outcome.

• You generally have the right to request divorce proceedings in the jurisdiction in which you live or spend the most time.

• Child custody in international divorces is usually awarded based on where the children live or have lived most recently or most consistently: the courts usually strive to preserve a child’s quality of life when possible.

When one spouse lives in Minnesota and the other spouse lives in a different state or country, a number of issues may arise when deciding where the divorce should take place. Additionally, the laws regarding interstate and international child custody and other international laws may bring forward more challenging issues. For example, when the parties hold assets in a foreign country, valuing those assets may prove to be a challenge.

In order for Minnesota to exercise jurisdiction over an interstate or international divorce, at least one spouse must have lived in Minnesota for at least six months. Both spouses need not be residents of the same state or country for a divorce to take place in Minnesota.

Where Will My Divorce Take Place?

If children are involved, the divorce will usually take place where the children reside. However, the court also has the discretion to decline jurisdiction if it finds that another state would be more appropriate. This is one complexity of international family law.

One reason this may happen is because the divorce paperwork has already been filed in another state. It’s important that you consult with a qualified attorney – before divorce proceedings are underway – to get the paperwork served and filed as soon as reasonable if there is a chance your spouse will file for a divorce in another state or country.

Divorce laws are very state-specific, which means that the jurisdiction where your divorce takes place may be a critical issue for your case. You should also keep in mind that you may incur significant travel costs if you’re required to travel for hearings. If you cannot afford to travel to these court appearances, you may be permitted by the court to appear by phone.

What Happens If I Do Not Appear in Court?

However, just because your divorce is taking place in a different state does not mean that you can choose not to appear at all. Failure to meet court deadlines or a failure to show up for hearings may result in a default judgment in favor of your spouse.

Avoiding this is vital, especially for those facing an international divorce. Failure to appear because you were in a foreign country or traveling between more than one country does not absolve you from appearing in court. However, if you are out of the jurisdiction of the country, you may be able to contact the court and seek a delay in the court proceedings so you can be present.

International family law can be complex, which is where an international divorce lawyer can step in. A qualified international divorce lawyer can help you understand the divorce process when multiple countries are involved, which is especially vital when child custody is part of your case. If you’re traveling with your child and fail to appear in court, for example, you may even be accused of international child abduction. Because of this, it’s vital to act now, not later, if you believe you may be unable to make your court date.

Ways Your Divorce May Be Impacted By International Law

Are you concerned about divorce laws and how your interstate or international travel and living may impact your case? Below are a few common concerns we can help with throughout the process:

Visas and Green Cards

People traveling globally may need documentation of a marriage for residency in another country. Our lawyers are well versed in the international laws that can affect your divorce decree when your green card depends on marriage.

Division of Property

Taking time to determine property division is a vital part of any international divorce. Because you or your spouse may live in different places or countries, you may have properties or assets in more than one jurisdiction. Your lawyer can handle this complicated distinction, especially when you have property located abroad.

Child Support

As a parent, you want to know your children will receive the support they need. Unfortunately, international child custody and support is a complex family law topic. Talk to our divorce attorneys about building a fair support agreement for your children.

Alimony

International divorce cases can become more complex when spousal support is involved across international lines. Our team can help you identify the family maintenance you’re due as a spouse and parent.

Child Custody

Moving children between states or countries comes with a complex set of laws for the parents involved, including the Uniform Child Custody Jurisdiction and Enforcement Act. Your divorce case may involve determining the best or most realistic options to allow you or your spouse time with your children when you live in different countries.

Interstate and International Divorce FAQ

When your habitual residence goes beyond one country, you may be facing laws for international divorces. These laws can impact family maintenance, visitation rights, and alimony, among other personal concerns like business interests.

When trying to make an international recovery following a foreign divorce, you may need help from a law office. Reach out to our team for specific, personalized guidance. Check out our FAQs below to learn more about our experience and international divorce capabilities.

Can a US citizen get a divorce in another country?

If a US citizen seeks a divorce, they can typically get it in their resident state. But what if you’re traveling abroad, whether for business, military, or personal reasons? You may get a divorce in any country that is your permanent home. Talk to an attorney about what defines a permanent home and your options.

I was accused of abducting my own child. What can I do?

Taking a child across state or national lines is a complex situation and can lead to legal consequences. For example, if your ex-spouse moves to another country with your children, and you were unaware, they may be accused of abduction. They may even face penalties under the Civil Aspects of International Child Abduction or Hague Abduction Convention. This treaty, signed by many countries, offers expedited options to return children to their home country. 

To avoid the harsh penalties involved with an accusation of child abduction, reach out to an attorney before doing anything rash. A good family lawyer can help you maintain custody and contact with your children no matter where you are.

Can I leave the country in the middle of a divorce?

Leaving the country can negatively impact your case when you’re in the middle of a complex divorce. Spousal support, child support, and other forms of family maintenance may be discussed throughout this time, and if you’re unavailable because you’re in a different country, you may have less say about the specifics of your divorce.

Seeking out an attorney for proper support can make a big difference. We can help guide you through your case and untangle related international law.

Seek Out an International and Interstate Divorce Lawyer

When you’re facing divorce court as someone who frequently travels between countries, or your spouse resides elsewhere (or even fled the region), you have good reason to be concerned about outcomes.

Fortunately, the team at Alithis Family Law is experienced in the myriad international and Minnesota family laws that may impact your case. Alongside matters like property division and child custody, adding international issues can make for an even more complicated divorce case.

The challenges posed by an interstate or international divorce are best faced with an experienced attorney by your side. Please reach out today for a free consultation on state residency and international divorces by calling our office at (952) 800-2025 or by email at info@alithisfamilylaw.com.