Last week in this Maryland divorce blog we discussed how complicated family law cases can become when they involve both state laws and federal laws. Legal disputes become very challenging as well when they cross international borders.
A recent Forbes column discusses some of the unique divorce issues that those with dual citizenship, or those living abroad, may confront. These may include determining what country has jurisdiction over the divorce in the first place, interpreting international child custody treaties and dealing with a variety of financial implications.
When children are involved in international disputes, child custody decisions can be very problematic. For example when actress Kelly Rutherford divorced her German husband months ago, a judge ordered their two American children to move to France with their father because he had been kicked out of the U.S. A judge ruled that this was the only way the two could make an attempt at shared parenting, since her ex was not allowed on U.S. soil.
Rutherford reportedly does have the means to frequently visit her children in France. For many Maryland parents, however, such a visitation arrangement would simply not be feasible--and this is why?many parents in similar situations worry that the other parent may take their children into another country never to be seen again.
Even when couples of different or dual nationalities do not have children, jurisdictional issues can present problems in divorce. For U.S. citizens who live abroad, the court that has jurisdiction over a divorce will likely be the one in the country where the couple resides. This can be difficult, especially for women, because many countries do not provide the same divorce rights that are afforded in the U.S. In some countries, it can be difficult to even have a divorce granted, let alone achieve a fair settlement.
These are just a few of the very complicated issues facing those who are in a family law dispute involving dual citizenship. As with any family law matter, it may be beneficial to seek legal guidance in order to protect one's interests as best as possible.
Source: Forbes, "Small World, Big Problem: Divorces Involving Dual Citizenship," Jeff Landers, Jan. 10, 2013
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