New York
International
Divorce Lawyer
New York International Divorce Attorney
An international divorce is not like a traditional divorce. It is very complicated and often convoluted with the sometimes contradicting laws of two countries. Property division, child custody, and child support are some of the most difficult issues within a regular divorce, but they can be made easier on the whole family when an experienced New York international divorce lawyer is by their side to navigate them through the process.
The Law Offices of Robert Tsigler, PLLC, has extensive experience with international divorce cases and is well equipped to handle yours, as non-traditional as it may be. Enlisting the help of an international family law attorney from our law firm can mean the difference between a smooth and stress-free process or a perplexing and costly dilemma. Any divorce attorney at the Law Offices of Robert Tsigler, PLLC, is skilled and capable of applying the proper laws in the appropriate way to your international divorce case and can help your family receive the most opportune outcome.
What Is an International Divorce?
Determining Jurisdiction in an International Divorce
The first order of business when initiating an international divorce is determining jurisdiction. The Hague Conference on Private International Law (HCPIL) offers help by providing some basic uniform laws that can be applied in any of the 70 countries that have accepted HCPIL. Some areas where HCPIL shed light on are below.
- Child Support
- Child Abduction
- Protection of Children
- Protection of Adults
While the laws that apply to an international divorce case are based on jurisdiction, there is no universal set of laws, and the unique situation of each case will also have an impact on the direction an international case will take. The ideal way to determine what jurisdiction’s laws apply to your case and how they will apply to an international divorce case is to speak to a qualified international family lawyer to discuss the details of your case.
Cross-Border Legal Issues
A family law attorney can help if you have any issues with the legal system of another country, including the following situations:
- Obtaining permission for child relocation to another country or preventing the other parent from relocating your child to another country
- Preventing international child abduction by the child's other parent and ensuring the safe return of a child abducted by the other parent
- Divorcing with prenuptial agreements that include property located in another country
- Valuing and distributing marriage assets that are located in international jurisdictions outside of the US
- Serving a spouse who is located outside of the US with divorce papers
Couples seeking an international divorce in New York may do so as long as they meet residency requirements. Only New York residents who are domiciled in NY are eligible to get an international divorce in New York. This means if the parties live abroad, at least one of them must have a residence in New York, own property in New York, have bank accounts and credit accounts in New York, be registered to vote in New York, and have close relatives living in New York.
FAQs
Q: What Is International Divorce?
A: International divorce refers to a dissolution of marriage in which one party lives in another country, the couple was married internationally but resides in the US, or the divorce involves marital property located outside the US. If any of the situations apply to you, an international divorce lawyer can help you with any legal issues you have concerning your divorce.
Q: Is a Foreign Divorce Valid in the US?
A: A divorce granted in another country is generally accepted as legally legitimate in the US, as long as the proper proceedings in line with those requirements of a valid US divorce were carried out, namely that both parties were accurately notified and given the opportunity to attend the legal proceedings regarding the divorce.
Q: Can You Divorce in the US if You Married in Another Country?
A: If a couple was married in another country, New York is one state that does allow international divorces as long as the couple meets the requirements, which involve residency conditions (one spouse must reside in NY for either one or two years, depending on variable factors), as well as the establishment of grounds for divorce.
Q: How Does Divorce Work if You Live in Different Countries?
A: If your spouse lives in another country and you live in New York, you can file for a divorce as long as you meet residency requirements and can establish a valid reason or “ground” for divorce. In addition, both parties must have received notice. Thus, you must serve your spouse with adequate notice, even if they reside in another country.
Q: How Much Is the Average Divorce Lawyer in NY?
A: The average fee for a divorce lawyer in New York is around $350 to $600 per hour. Many divorce attorneys charge an upfront retainer fee and then deduct the hours from the initial down payment retainer as they spend time in the case. In the event the retainer runs out, additional funds may be necessary.
Obtaining Sound Legal Counsel from a New York International Divorce Lawyer
If you are facing an international divorce, the Law Offices of Robert Tsigler, PLLC, can assist you with your case. Our attorneys are experienced in determining jurisdiction, are well-versed in HCPIL legalities, and can determine what conditions apply to your case. Couples facing an international divorce experience less stress and a more favorable outcome when they enlist the help of a legal professional. Call the Law Offices of Robert Tsigler, PLLC, and speak with a family attorney about your international divorce case.
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