The Difficulty of Getting a Divorce in Two Countries
A divorce can be a difficult process in the United States alone, but divorcing in two countries can turn into a real ordeal, says a recent article in the Chicago Tribune. There are many problems, for example, cultural differences, financial issues and bureaucracy, faced by an American who wants a divorce and is either a dual citizen, lives abroad or is married to a citizen of a foreign country.
Custody issues have become more common in the recent years. There are more conflicts, litigation and parental kidnappings these days because in the past it was almost hopeless for a man to win the custody of his child. Robert Makielski, 52, hopes that times have changed and he will get the custody of his two under aged children living in the Dominican Republic. "I'm basically dealing with a corrupt system in a foreign court," he says. Makielski has spent $50,000 on the case and expects to spend a whole lot more.
If you live abroad, you may not be able to file for a U.S. divorce. It is your place of residence that determines which court has the jurisdiction, not your birth place. The laws can differ greatly between countries. Usually, divorce and dual citizen matters are easier to deal with in the United States and Europe. The divorce will proceed in the country where it is filed, so time is of the essence too.
Likewise, the division of property is a tricky matter for dual citizens. The court deciding the divorce case has the power to award property, even if the property is in another country. If a spouse is overseas and refuses to give the property up, the only option might be to pursue the spouse in a court of the country the spouse is living in.
If you are contemplating a divorce, you will need help from a skilled divorce lawyer no matter what your situation is. Contact an experienced Geneva, Illinois family law lawyer today.
