Private international law

[Rickan]

Hello!
I'm looking for some assistance with private international law. When spouses are citizens of different countries, which country's laws usually handle the resolution of disputes in a divorce?

I'd really appreciate it if you could point me in the right direction to study this issue more thoroughly. Thanks!

 

[Zigner]

Sorry - this forum is for US law only. I would suggest that you study the laws of whatever country you are interested in learning about.

 

[adjusterjack]

Just a guess and I don't guarantee it.

The divorce could likely be adjudicated in the country in which the Petitioner (first to file) resides.

The Petitioner, of course, would have to determine if a divorce in his/her country would be honored in the spouse's country of residence. Especially if the Petitioner intends to one day reside in the ex-spouse's country.

 

[zddoodah]

When spouses are citizens of different countries, which country's laws usually handle the resolution of disputes in a divorce?

These boards only deal with issues of U.S. law, and I doubt anyone here will know how things are "usually handle[d]" in any of the 200+ countries that aren't the U.S. In the U.S., the parties' citizenship doesn't matter. A divorce court in State X will apply the law of State X unless one of the parties argues and convinces the court that another state's or country's law should govern one or more of the issues in the case. I assume that, if you're divorcing in Country Y, the court in that country will apply the laws of Country Y. I have no idea how other countries handle choice of laws issues.

I'm not sure what you mean by "private international law" or what that has to do with the question you asked.

 

[army judge]

I'd really appreciate it if you could point me in the right direction to study this issue more thoroughly. Thanks!

I'm pointing, mate.



You should speak to two or three family law attorneys in the country where you reside.

Once you've chosen the attorney you wish to retain, allow him or her to manage your side of the divorce proceedings.


If he or she determines that not to be feasible, he or she will likely point you in the correct direction anyway.

 

[Tax Counsel]

Hello!
I'm looking for some assistance with private international law. When spouses are citizens of different countries, which country's laws usually handle the resolution of disputes in a divorce?

There isn't a "private international law". The laws that govern divorce are the laws of each individual country. Typically a person who files for a divorce must have been a resident of that country for some specified period of time.

In the U.S. the rules for divorce are set by the states and territories, not the federal government, so in the U.S. person filing for divorce needs to at least be a resident of his/her state for whatever time is specified in state law.

In addition, there is a difference between simply granting a divorce (terminating the marriage) and deciding other issues like division of property, child support and alimony, and child custody and visitation. There are lots of courts in which a petitioner may simply get a termination of the marriage. But if you want to get a divorce and address those other issues you need to be sure that the court in which you file for divorce will have subject matter jurisdication (that it, it has the power to decide those issues) and personal jurisdiction over the other spouse. That will typically mean the petitioning party must find a court that will have personal jurisdiction over the other spouse and has the power to decide the other issues in the divorce.

The laws of each nation will vary. But unless the court has jurisidiction over the other spouse and the power to decide the monetary and other issues other than just terminating the marriage itself all the petitioner will get is only termination of the marriage relationship. If the petitioning spouse wants to have the other issues decided as well he or she will need to find a court that has personal jurisdiction over the other spouse and the property they have. In cases where the spouses reside in different countries that may pose some challenges in determining which jurisdiction will be able to handle all the issues.