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Archive for the ‘Family Law and Divorce’ Category

In cases of international divorce, which courts have international divorce jurisdiction and where should such a case be filed?

The most critical decision in strategic international divorce planning comes before a divorce case is first filed.

The decisive issue is often: Where to file?

The difference between filing for divorce in France instead of England or in Japan instead of the U.S. can be staggering.

Yes most litigants never do their homework and many family lawyers never advise them to do so and do not have the international know-how to guide them through the process.

A divorcing spouse who is in an international marriage with significant assets or earning potential should undertake strategic international strategic planning process with experienced international family law counsel.

Otherwise they may find themselves with a prenuptial agreement that could have been upheld –or set aside — if only they had filed elsewhere, or with a multi-million dollar claim for the present value of a professional qualification earned during marriage that could have been defeated — or successfully asserted — if they had known that another jurisdiction was available.

On the other hand, many people mistakenly assume that they are free to search the world for the best divorce forum without understanding that they need to consider not only whether the courts in that country will accept the case but also whether the courts in the place where the other spouse lives or where the assets are located will recognize the divorce. Many non-resident Indians rush to India for a divorce without considering whether their decree will have any effect in the United States. Others fly for a weekend for a quickie Dominican divorce, often enticed by misleading information on internet web sites that “sell” fast divorces, without realizing that their divorce may be useless and often counter-productive.

Spouses in an international marriage who have children also need to understand that the rules about international child custody jurisdiction are often totally different than the rules about divorce jurisdiction. In fact, in the United States there are three entirely different kinds of jurisdiction in any case concerning international married couples with children. Each type of jurisdiction has entirely different rules.

First, there are the rules that govern whether a court has the right to grant a judgment of divorce.

Second, there are the different rules that govern whether a court has jurisdiction over the person of a defendant sufficient to enable it to handle the financial matters that result from a divorce.

Third, there are the rules that result from the Uniform Child Custody Jurisdiction & Enforcement Act (the “UCCJEA”) as to whether a state’s courts may determine child custody and child visitation.

Today it is not very difficult to find out if someone is married or not. Now you can know the marital status of the person, but you can also track down who a person is married to and sometimes even where they were married. Previously, government documents were not available to open the research for the public and it was very difficult to trace a person’s marital status. Today, however, all marriage records are computerized and are a matter of public knowledge and can be accessed both in person as well as via the Internet – and usually are free.

Helpful Ways to Track Down Marriage Records:

There are two main ways to obtain public marriage records, free of charge. One could go into their local court house or search online records and see what they can find that way.

The Internet:

The Internet has made the world smaller and as a place which is very convenient for people to browse and search into peoples histories. By browsing the Internet and using search engines, you should be able to track down a lot of information regarding a person and tell if they are currently married, or have ever been married before. Many websites may try to charge you to use their services, but it is important not to be misled and deceived into thinking you have to pay for information online. One of the easiest ways to find marriage records over the Internet is to go to a search engine and simply search the name you are curious about, they date they may have been married and any other information you know about them – The more information have, the more accurate the results.

If a website indicates you must pay for their services, do not be tricked into paying them, as this is more often than not, unnecessary. You will be able to run a preliminary search for free on every site which will produce enough information for you to continue your search. For example, you can convert a phone number, address or maiden name. One of the keys to online research is to try everything – the combination of words and to maintain all of the information you collect, as it will without a doubt produce results and get you what you are looking for.

County Courthouse:

Copies of all marriages which took place in a particular state are all stored in a local County Courthouse indefinitely, and anybody can go out and find these documents free of charge. Many records will also include any previous marriages, so you can find how many times a particular person has been married before. It is important to note the marriages performed by a justice of the peace can be maintained separately from the marriage certificate, so you will need to ask the clerk of the county where you can find the record of any marriage which were performed by a local justice of the peace. To access the records of marriage the clerk will need the name of at least one person to search for and it is also very helpful to have at least an approximate time frame of when the marriage may have taken place.

Where any child is concerned, when their parents are getting a divorce, this is a very confusing, sad, and stressful time. They may question what life is going to be like in the future or be angry because their father and mother are going to be living apart on a permanent basis. It is never easy where children and divorce are concerned, no matter how smoothly things go between the parents. As parents, we have the responsibility to make the entire process as painless as we possibly can – for their sake as well as our own.

Depending on how we handle the situation as parents, they may or may not cope very well with the event so our goal is to provide them with as much stability as possible so that they will be emotionally and physically alright during this upheaval in their lives. Having a positive reassuring attitude is one of the first things that parents need to show their children as well as keeping things as friendly and peaceful as possible when dealing with your ex. No matter how hard you try, things will not always run smoothly. So be prepared for this.

The issue with children and divorce is a common aspect of American society today as roughly 40% of all marriages will end this way. As a parent, it is difficult for you as well, considering you have to provide your children with the right amount of support through the process. The following will give you an idea of what you can do for your child or children in order to be supportive through the divorce and beyond:

o Call them often and ask lots of questions. At the very least, drop them a line occasionally. Remember that they need you to continue being involved with them in order to feel important and believe that you love them despite the circumstances.

o Try to keep it peaceful between one another. This is extremely difficult, but the last thing that a child needs to see during this already difficult time is for the two of you to be arguing and fighting all the time. When the child sees you fighting, they think that they are to blame for this.

o They want to continue sharing their love with both of you, even when you are living separately. So keep the time you spend with them as enjoyable as possible.

o Make sure that you and your ex communicate directly with one another. Never use your children as the go between or messenger.

o Do not talk negatively about the other parent when your child is spending time with you as this is one of the most painful issues where children and divorce are concerned. Never try to convince them to take sides.

In closing, remember that your child or children do not want you walking out of their lives when you and the ex get divorced and start living apart. They are still going to count on both of you to raise them and teach them as well as helping them with their problems.