Divorce and Its Special Challenges for Foreign Spouses

Unlike American couples, who never have to consider the challenges faced by international couples, American couples never have to. When couples finally decide to obtain a divorce, though, some of these problems only become more intractable. A divorce that involves multiple countries will take longer and be more difficult to negotiate than a domestic one, regardless of where the marriage took place. Get in touch with a lawyer to get divorce advice.

Questions About Visas And Green Cards

The right of one spouse to remain in the United States after an international divorce is a frequent source of contention. It is not a problem if one spouse wants to leave the country during the divorce procedure, however, ideally both parties will remain in the country until the divorce is finalised.

The immigrant spouse’s ability to support themselves and their status in the green card or citizenship process are crucial considerations if the couple plans to remain in the United States. No changes are expected in citizenship status if the partner currently holds one. Their green card might still be valid if they’ve had it for a long time.

However, immigration authorities may take notice if the foreign spouse has only recently obtained legal permanent resident status. This is a warning sign that the foreign spouse was merely interested in the marriage for immigration purposes. This could cause the foreign spouse to contest the divorce or set off a chain reaction in immigration court.

A potential problem is the location of the wedding.

Divorce is routine in the United States if the marriage takes place there. However, you can expect to put in some effort to prove the legitimacy of your marriage if it is legalised in another nation. Obtaining official copies of a marriage licence or certificate from another country may necessitate hiring a professional translator.

Parting With Assets

You and your spouse will need to come to an agreement on how to divide your assets as part of the divorce process. The process is long-consuming even for American couples, let alone overseas ones who have spent any length of time apart. It’s possible that the laws and criteria for dividing property in those nations differ from those in the United States, where the assets were first purchased. In order to divide marital property fairly and legally, you need be prepared to inventory and evaluate all of your assets.