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International Divorce Issues | Atlanta Family Law

Scott Shaw | 705 Views | 10/19/2015

International Divorce Issues

In this video, I will be discussing the topic of international divorce, child custody, and passport issues. Family law issues frequently cross state and even international boundaries. We have handled cases involving the following countries: South Africa, Indonesia, India, Pakistan, Germany, Great Britain, Egypt, Saudia Arabia, Canada, China, Mexico, Peru, Russia, France, and probably a few other countries that I do not even recall. These cases create some very complex jurisdictional and international procedural questions.

Enforcing International Court Orders

Are foreign international divorces and custody orders enforceable in the United States even if there is no treaty with the country? To answer your question, in general, no matter which country you are from, as long as you reside in the state of Georgia for six months you can get a divorce in the state of Georgia. Your spouse does not have to consent to the divorce. Your spouse does not even have to come to the state of Georgia. With or without his or her cooperation you can get the divorce. And in most countries in the world the divorce will be legally binding on both of you.

Muslim Divorces

There are sometimes special issues dealing with Muslim divorces being recognized in certain parts of the Middle East that we can discuss with you, but, in general, a divorce in the United States will be recognized abroad. Likewise, if your children have lived in the United States for at least six months and call Georgia home we can probably get a custody order in the state of Georgia that would be legally enforceable in most countries in the rest of the world. One common issue is whether or not a child may travel internationally after the case. The issue is twofold.

Children Traveling Internationally

Will I be able to travel internationally with my child even if the other parent does not consent? Or two: Will I be able to prevent the other parent from taking the child out of the country without my consent?The court may not have the power to force a parent to cooperate with obtaining a passport, but the court does have the power to issue an order that allows one parent – without the consent of the other parent – to obtain a passport.

What this means from a practical perspective is you need to resolve any passport issues that may exist in your case with an appropriate court order. You cannot wait and rely on the other parent to cooperate with you after a child’s passport expires. International Family Law issues are becoming more and more common and it should not be so difficult to find a good lawyer to deal with these.

By: Scott Shaw

International Divorce Issues | Atlanta Family Law

International Divorce Issues

In this video, I will be discussing the topic of international divorce, child custody, and passport issues. Family law issues frequently cross state and even international boundaries. We have handled cases involving the following countries: South Africa, Indonesia, India, Pakistan, Germany, Great Britain, Egypt, Saudia Arabia, Canada, China, Mexico, Peru, Russia, France, and probably a few other countries that I do not even recall. These cases create some very complex jurisdictional and international procedural questions.

Enforcing International Court Orders

Are foreign international divorces and custody orders enforceable in the United States even if there is no treaty with the country? To answer your question, in general, no matter which country you are from, as long as you reside in the state of Georgia for six months you can get a divorce in the state of Georgia. Your spouse does not have to consent to the divorce. Your spouse does not even have to come to the state of Georgia. With or without his or her cooperation you can get the divorce. And in most countries in the world the divorce will be legally binding on both of you.

Muslim Divorces

There are sometimes special issues dealing with Muslim divorces being recognized in certain parts of the Middle East that we can discuss with you, but, in general, a divorce in the United States will be recognized abroad. Likewise, if your children have lived in the United States for at least six months and call Georgia home we can probably get a custody order in the state of Georgia that would be legally enforceable in most countries in the rest of the world. One common issue is whether or not a child may travel internationally after the case. The issue is twofold.

Children Traveling Internationally

Will I be able to travel internationally with my child even if the other parent does not consent? Or two: Will I be able to prevent the other parent from taking the child out of the country without my consent?The court may not have the power to force a parent to cooperate with obtaining a passport, but the court does have the power to issue an order that allows one parent – without the consent of the other parent – to obtain a passport.

What this means from a practical perspective is you need to resolve any passport issues that may exist in your case with an appropriate court order. You cannot wait and rely on the other parent to cooperate with you after a child’s passport expires. International Family Law issues are becoming more and more common and it should not be so difficult to find a good lawyer to deal with these.

By: Scott Shaw