Brooklyn
International
Divorce Lawyer
Brooklyn International Divorce Attorney
A divorce in Brooklyn is considered to be international when it has some interest in a non-US region. For instance, a divorce involving a couple who married in another country but wishes to get divorced in the US is an international divorce. Another scenario of an international divorce would be a divorce that involves one party in a married couple residing outside of the US while one still resides in the US, in particular, New York. Lastly, a divorce in which the married couple owns marital or community property outside of the US is considered an international divorce.
Because these cases involve other countries and oftentimes are convoluted with the laws from these other countries, they can get complicated. Thus, they must be approached with careful attention that is different from what is applied to traditional domestic divorce cases. For this reason, it is advisable to involve an international family lawyer so your case doesn’t get more drawn out and costly than it has to.
The Law Offices of Robert Tsigler, PLLC, is available to assist with your international divorce case. We have a vast knowledge of international case law and have handled many international divorce cases within our firm. We are a responsive law firm that cares about the international clients we represent. We remain open 24/7 for emergencies, and we answer calls, texts, and emails from our clients within hours of receiving the message. We employ a group of attorneys that our clients feel comfortable calling on when they need legal services. Our straightforward and educated approach to law compliments our dedication to our clients, as it continues to garner our success in New York courtrooms.
Problems That Arise With International Divorce
While many of the aspects of an international divorce are similar to that of domestic divorces, they do often involve more complicated issues. For example, both domestic and international divorces involve child custody. However, when one parent resides out of the country, it complicates matters trying to divide parenting time across borders and even sometimes continents. Also, the division of property becomes difficult when it involves separating assets that are located in foreign lands. Another common problem international divorcees face is problems with immigration status when a non-resident immigrant is divorced. This too often leaves them at a loss regarding what to do about their citizenship because sometimes divorce makes it more difficult to obtain legal status.
Jurisdiction of International Divorces
Sometimes it is hard to determine where a case should be handled when it involves more than one country because different countries have different laws and regulations. For instance, different municipalities have different requirements for grounds for divorce, while some governments have no requirements for grounds for divorce. There are different laws regarding child support and child custody, different laws about property division, and different definitions of marital property and personal property. Therefore, jurisdiction becomes a very important part of international divorce cases.
New York mainly determines jurisdiction using residency. If one of the married partners has lived in New York for at least six months, it is usually enough to establish jurisdiction in New York. Also, if a significant amount of marital property is located in New York, it also may establish jurisdiction. If a married couple last lived together as a married couple in New York, this could also establish jurisdiction as long as one of the parties still lives in New York.
Another instance that would be considered New York jurisdiction is if child custody is an issue in the case. Courts usually determine an international divorce case would be better handled in New York if a child’s associations and connections are with people and places in New York, where they live. An international divorce attorney can help you determine if your case has jurisdiction in New York.
FAQs
Q: How Much Does a Divorce Lawyer Charge in the USA?
A: A New York divorce attorney charges an average of $350 per hour. Some international divorce lawyers may charge more if you have a complicated case that requires a lot of leg work. The average cost of a divorce can be anywhere between $10,000 for the total cost on the lower end of the scale and $25,000 or more on the higher end.
Q: What Are the Disadvantages of International Divorce?
A: Depending on where you get divorced, your divorce may not be recognized in the US if you get divorced in a foreign country. Furthermore, if one spouse is a non-US citizen and gets divorced in the US and immigration status is not final, they can have trouble obtaining permanent citizenship.
Q: What Happens When a US Citizen Divorces a Non-US Citizen?
A: When a US citizen is married to a non-US citizen, and they get divorced, if the non-US citizen has not established citizenship, it may affect their potential to get citizenship. Because it takes three years following the date of marriage for a non-US citizen to be eligible to take the citizenship exam, some marriages end before this three-year time. For divorcees who only have a conditional green card, being divorced may pose problems for them in establishing a permanent green card. A family immigration law attorney can help determine if divorce will affect your immigration status.
Q: How Does International Marriage Work?
A: When couples are married outside of the US, so long as it is a legally recognized union in the country where it took place, it is also recognized in the US. When couples who are married internationally get divorced, it can be a little more complicated, depending on where they reside. If they’ve lived in New York for a substantial amount of time and have established a legitimate residency, they will have fewer problems going forward with either international marriage or international divorce.
Hiring an International Divorce Attorney
International divorce can be a complicated matter, and establishing jurisdiction may be a perplexing issue for your case. If you need professional and legal assistance with your international divorce in New York, call the Law Offices of Robert Tsigler, PLLC. We have experience with immigration cases and international divorce cases, as well as many other areas of law related to these. Speak with one of our qualified and knowledgeable legal team members to get your questions regarding international divorce answered and your case handled so that you can move on with your life.
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