Marrying someone from another country often involves a lot of visas, travelling and proof of relationships, but what if you're trying to divorce someone from another country? Colorado residents who are involved in a relationship with a person who has citizenship in another nation may be aware of the difficult divorce process for dual-national marriages. One source recently went through some of the different ways this tricky dissolution can cause more divorce distress.
First of all, if you and your spouse are parents and are considering divorce, what will be the plan for your children? The issue of child custody gets really tricky when one parent has to fly to another country to visit their kids. The situation can both complicate and simplify some child custody issues, in that it can sometimes allow for only a few solutions. The big issue here may be the decision of who will be the custodial parent, which can cause great emotional stress for the parent who is not.
One of the big differences between a divorce for citizens of the same country and citizens of different ones is the issue of whose government will oversee the divorce proceedings. Oftentimes, if one person's visa runs out, the other spouse will have to go through that person's country to get a divorce and work out child custody. Similarly, your property may remain or be granted to your spouse, regardless of their ownership, depending on where it is at the time of the divorce. Territory jurisdiction and residency can play big parts in these complex divorces.
Knowing how to navigate an international divorce can be overwhelming and seeking out legal counsel could help you if the issue of child custody is contested. One source recommends contacting the state department or representatives if the divorce gets messier. For those Colorado parents who are having difficulty with their divorce because of the different laws in their spouse's country of residence, working with an attorney who specializes in family law and child custody disputes may help you to be granted an agreement you're comfortable with.
Source: Reuters, "Divorce in two countries is double the trouble," Geoff Williams, Oct. 24, 2012