Manhattan International Divorce Attorney
International Divorce Lawyer in Manhattan and NYC
Deciding to file for divorce is never easy. The process itself can be fraught with legal and personal difficulty, making it an emotional roller coaster. Adding an international element can make things much more difficult. Things can become very complex, as the laws regarding divorce, property division, childcare, and support vary from country to country. You have to put these differences into consideration when filing for international divorce. For an effective process, you will need to get the services of a sophisticated and highly skilled Manhattan International Divorce Attorney.
At Chaim Steinberger, P.C, our Manhattan International Divorce Lawyers have decades of experience helping clients like you. Chaim and his team have the skill and the knowledge of applicable law necessary to help you reach a satisfactory resolution in your international divorce. As complicated as even conventional divorce is, we can assist to make the process as smooth and stress-free as possible.
What Makes A Divorce “International”?
Divorce is “deemed” international generally because a couple applies for a divorce in a country other than where they are living or where their permanent home is. Other reasons include:
- One of the divorcing couples lives in a different country
- Both spouses share marital property outside the United States
- Both spouses were married in a country different from where they reside
As a result of this, there are several issues that will need to be dealt with differently in an international divorce.
Common Issues In An International Divorce
Usually, the first issue that needs to be tackled in an international divorce is the issue of jurisdiction. Generally, for a court to grant a divorce, the court must have both “subject matter” jurisdiction and “personal” jurisdiction. The subject matter jurisdiction is a court’s power to hear a certain case. Personal jurisdiction is the court’s power to make decisions for a person. To properly make a ruling in an international divorce case, a court needs both types of jurisdictions.
Other issues that need to be considered in an international divorce case include:
- Grounds for divorce: Establishing grounds in an international divorce is crucial. Some countries allow for a no-fault divorce. No-Fault divorce is one in which the marriage is dissolved without presenting proof of wrongdoing by either party. In some other countries, proof of fault is required.
- Prenuptial or postnuptial agreements: The United States is not bound by prenuptial agreements signed in other countries. As a result, US courts do not generally uphold prenuptial agreements entered into abroad.
- Joint closely held businesses: When a divorcing couple has closely held businesses, not all countries will follow the same approach in evaluating the businesses.
- Pensions and retirement benefits: The United States allows for the division of pensions and retirement benefits upon divorce. In some other countries, this is not the case.
- Child custody and support: In deciding custody, some countries favor fathers, while others favor mothers. Other countries might have conflicting views on how the custody of the child(ren) will be decided. The Hague Convention on International abduction is one treatise that answers the question of child custody. The United States has guidelines for child support. Some countries like Japan have adopted the United States Child Support Guidelines. Some other countries have their guidelines and you need to know whether these guidelines will treat you favorably or otherwise.
Seek Out A Competent Manhattan International Divorce Lawyer
As is obvious, there are many potential complications when filing for an international divorce. From business evaluations to child support to child custody, there are many areas in which you could be blindsided if you are not aware of the governing laws. Your experienced Manhattan International Divorce Lawyer will help you navigate these potential blind spots and help you bring matters to a satisfactory conclusion.
Call an experienced Manhattan divorce attorney at Chaim Steinberger, P.C. today for a free, confidential phone consultation. Our team is standing by to help you. Contact us at (212) 964-6100 or fill out our convenient online form.