International Divorce
by Timothy J. Horgan, Esq.
People spend more time overseas than ever before. They might marry a foreign national in one country, parent children in another, and own a business in a third country. Our world is becoming a smaller place and this will have increasing impact on the analysis a matrimonial lawyer must bring to a new case. He or she will soon learn that the laws and procedures of different countries vary to a remarkable degree. The following outline highlights some of the issues the attorney should be exploring with the client in the initial interview.
1. The question of JURISDICTION typically requires immediate review. With more than one country involved in a case scenario, the attorney must determine which courts have jurisdiction and what law will the courts apply. Some countries emphasize the parties' residence. Others look to nationality and citizenship.
It is important to keep in mind that the divorce itself is often divisible from the related economic claims of the marriage. One court may be able to grant the divorce, but be powerless to resolve the economic issues.
