If you are divorcing, you need the support and understanding of friends and family to help you through the process. What you do not need is bad advice that, if followed, can harm your interests and increase the cost and complexity of the process.
If you talk to someone about your divorce and the issues that come with it, you could get a variety of reactions. The other person may want to change the subject. They may have been divorced in the past and provide you with helpful insight.
They could also be well-meaning but give you misinformation or inappropriate suggestions based on what they have read on social media or the supposed experiences of their friends and family members. You need to filter out the wheat from the chaff.
Bad divorce advice:
Over the years, clients have told us plenty of incorrect, illegal, and just plain whacky ideas they have heard. Here are a few that are worth avoiding:
- You Should Lie to Get the Best Divorce Possible
It could be making up abuse by a spouse, hiding assets, distorting important conversations with your spouse, or claiming you do not remember something that you clearly do. Chances are this will poison whatever goodwill is left with your spouse. The case will head to litigation, not a settlement, and your duplicity will probably be exposed.
You may have been in a good position to reach your goals, but your dishonesty may effectively set your case on fire. Judges have enough to deal with and do not have patience for liars. Neither do we. We have enough honest clients to serve. We do not want to work with dishonest ones. It is not worth the grief.
- You Should Save Money and Represent Yourself
Representing yourself may be a good idea in limited circumstances. If the two of you are childless, have low incomes and few assets, and want the relationship to end, then representing yourself is worth considering.
However, while you may think you are saving money by representing yourself rather than hiring an attorney, more than likely it will cost you in the long run. The legal process can be complicated and you could waive rights, trust your ex a bit too much, or not take care of details causing you headaches and significant issues in the future.
You may qualify for help from legal aid organizations, depending on your circumstances. You may also receive financing to help pay for our services.
Anyone thinking about a divorce should at least talk to an attorney. When we talk to prospective clients, we often spot issues they did not know about or thought were unimportant. If an attorney is not protecting your rights and interests, you may end up with a divorce that is not in your best interest. It may cost you far more in the long term than what you saved in legal bills. We can help you keep your costs down.
- Spend Money While You Can
Going on shopping sprees, enjoying an expensive vacation, or showering friends and family with gifts sounds like great fun, but it is not a good idea if you are getting divorced. It comes with equitable or fair asset and debt distribution. There will be a formal moment when you and your spouse decide to divorce. Once you establish that point, you will be responsible for your spending.
By spending money owned by the two of you, you will end up with less when all is said and done. That wasted money will be subtracted from what you may have received. It will not come out of your spouse’s pocket. You also risk being cut off from funds if your spouse asks a court to freeze assets you might abuse, and you, not the two of you, may end up with your credit card bill.
Get the Help You Need from an Attorney You Can Trust
If you are considering getting divorced or have decided it is right for you, call us at (215) 608-1867 or schedule a consultation online now. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.
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How Can You Speed Up Your Bucks County Divorce?
DivorceDivorce is a challenging process, both emotionally and legally. Many people wonder how they can speed up the divorce process. The time it takes to get divorced will vary depending on a variety of factors, including whether the divorce is contested or uncontested. Here in Pennsylvania, Act 102 changed the waiting period for a contested divorce from two years to one year. After being separated for one year, someone can lawfully file for a contested divorce and begin legal proceedings.
However, an uncontested divorce will almost always take less time than a contested one — on average, around 4-6 months. If you are looking to expedite the process, we recommend pursuing an uncontested divorce. This means you must agree with your soon-to-be ex-spouse about the grounds and terms of the divorce, including asset distribution and child visitation schedules.
An experienced attorney can help you navigate the legal system and negotiate a divorce agreement efficiently. You must be prepared to take a couple of steps before beginning this process.
Commit To Negotiating
It’s important to have realistic expectations when you file for divorce. With so many legal elements involved, like child custody agreements, child support payments, property division, and alimony, even the most amicable of divorces can lead to disagreements during negotiation. From the beginning, anticipate that you will need to make some concessions.
Find Emotional Support
Making compromises during negotiations can feel particularly challenging when emotions are running high. Seek out emotional support from friends, family, and loved ones. Their support can ground you when you feel stuck, making it easier to work toward settlement agreements and obtain a fast divorce.
Do Your Research
When it comes to child support and visitation rights, both parties in a divorce have a right to spend time with their children, as well as a responsibility to contribute financially. Your legal team must have a clear picture of your financial situation.
Share baseline truths about your finances with your divorce attorney. Come to meetings prepared with tax documents and receipts. Being honest about your finances, with documents to back it up, will help speed up your divorce by eliminating future surprises.
Avoid a Long Battle
Above all, don’t just accept that all divorce cases will be long, arduous battles. This does not have to be the case and is usually unnecessary. Drawing out the process will cost both parties a lot of money, time, and stress.
By entering divorce discussions with a fully informed legal team and an expectation that you will need to compromise, you are setting yourself up for a smooth and quick divorce.
Contact an Experienced Bucks County Divorce Lawyer
The legal professionals at Karen Ann Ulmer, P.C., are experienced in helping clients navigate the legal systems of divorce. We prioritize clients’ peace of mind and well-being. Call or email us today for a confidential discussion to address your concerns and learn more about how we can help you speed up your divorce.
What Should I Ask for When Negotiating a Divorce Settlement?
DivorceA divorce allows you to start your life over, but your old, married life will impact that new one. Think about how untangling your life from your spouse will affect you legally and financially. What will you not have, or not have enough of, to start this new life?
You can break down what to ask for in a settlement agreement regarding parental roles and property rights or prioritize your ask based on needs and wants.
What Do You Need? What Do You Want?
Think about your priorities. What do you need, and what do you want but can go without? Nearly all divorce cases are settled without going to trial. That means there will be negotiations (and possibly mediation) between you and your spouse through your attorneys.
In any negotiation, there are things that a party needs (or thinks they need) to resolve the issue. Other issues are negotiable, and you should be willing to give things up as necessary to satisfy your needs. After your needs are met, try to obtain what you want. Ideally, both sides will get most of what they need and some of what they want.
State law may entitle you to certain things. If those laws address your needs, that is great! If not, and you are willing to part with the things given to you by state law (partially or totally), they can be bargaining chips to ensure your needs are met.
It is like a chess match. You must protect your king. All the other pieces are expendable if that means you win the game. In this case, winning satisfies your needs, and you are in the best position to start your new life.
What Role Must You Play With Your Kids?
If you have kids, Pennsylvania law makes your child’s interests paramount, so what you need or want takes a back seat. State law presumes a child needs both parents in their lives.
The more time you feel you need with your child, and the more significant role you wish to play, the stronger the facts and legal arguments must be to accomplish that. Unless the other parent is irresponsible or a potential danger to your child, you may have a tough time if you feel a need to be the sole parent or the other parent should have minimal contact with their child.
Most parents meet in the middle. They share legal custody (the ability to make crucial decisions), but their physical custody or parental time may vary. One parent may spend most of the time with the child, or it may be split evenly.
What are Your Financial Needs?
The distribution of a married couple’s debts and assets is supposed to be based on what is equitable and fair, given the situation. When negotiating a settlement, there is a mix of what a person may be entitled to and what they are willing to trade with their spouse to achieve their needs and wants.
You may need more financial help in the short term, so you may forego the ongoing income of spousal support to get more cash or assets upfront. If you need the marital home, what assets will you swap to get it? Ideally, a spouse who needs the home is married to someone who wants to move away and start over, so the marital home (with all the memories that come with it) is the last thing they want.
Get the Help You Need from an Attorney You Can Trust
If you think getting divorced may be in your future or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation via teleconference, on the phone, or in our Doylestown or Langhorne office.
How a Child with Special Needs Can Impact Your Divorce
Child Custody, Child SupportYou love your child and want the best for them. Your marriage may end, but you are still a parent. You need to navigate the divorce process so you start a new life in the best possible position and ensure that your child’s needs are met, too.
You Are Not Alone
Parents with special needs children are more likely to get divorced than other married couples, according to Psychology Today. It is estimated that:
The challenges and disagreements that can arise when parenting a special needs child may be the reason for a divorce or just one of many that pushed the relationship over the edge.
Things to Think About
When you are trying to plan your post-marriage life, think about:
You may need the help of a life care specialist to come up with answers. If you and your spouse disagree about your child’s needs and care, an outside third party without a personal bias may help bring the two of you together on these issues.
Child Custody
Whether your child has special needs or not, decisions about which parent should have what kind of custody should be guided by your child’s best interests. The judge in your case is bound by law to use that standard. If the two of you agree on custody issues, the judge will ensure your plan meets that standard. If you cannot agree and the matter is litigated, that is how the judge will make a decision.
What is your situation?
If you have another child without special needs, what custody arrangement is best for them?
Child Support
The state’s child support formula does not account for the additional financial burdens of parenting a child with special needs, including specialized care, equipment, enhanced nutrition, or accessible housing. But a judge may order a non-custodial parent to pay more than the guideline indicates if the circumstances call for it.
Typically, the obligation to pay child support ends when the child reaches the age of majority (18) or graduates from college. But if a child with special needs requires caregiving for an extended period, if not the foreseeable future, that may be extended.
Depending on the extent of a child’s disabilities, they may qualify for government benefits (including paying for custodial and medical care), help in finding employment, and independent living. The parents must do their best to get as much help as possible for as long as possible.
The parent receiving child support should not expect the payor to pick up the tab for services that may be free or at a reduced cost, thanks to government or charitable programs.
Get the Help You Need from an Attorney You Can Trust
If you are thinking about getting divorced or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.
If You Plan to Marry, and One or Both of You Own a Business, a Prenuptial Agreement Makes Sense
Equitable DistributionA properly drafted, enforceable prenuptial agreement may greatly reduce, if not prevent, disputes concerning the equitable distribution of marital property if a married couple divorces. Making such an agreement before you marry is not a sign your marriage is doomed. It only means you are smart and preparing for a life-changing event that may or may not happen, especially if one or both of you own a company.
If you own a business, do not have a prenup, and the business grows, your spouse would be entitled to half of that growth upon your divorce. You could be forced to give up other assets, pay your spouse over time, or, in the worst-case scenario, close the business. However, a well-crafted prenup can protect you and your business.
What Is Equitable Distribution?
Part of the divorce process is the equitable division of marital property. The couple’s assets and debts are organized, and their values are estimated. The parties must decide which are separate or personal and belong to the individual and which are marital (normally property acquired during the marriage) and belong to the couple, or a court will do it for them.
Marital property is subject to fair or equitable division during a divorce. The increased value of separate property could also be divided depending on the circumstances. The parties can agree to this, or it will be resolved at a trial.
What Is a Prenuptial Agreement?
What is a prenup? A prenuptial or antenuptial agreement is a contract entered into before marriage. The parties can agree on which assets and debts are personal and which are marital and identify them accordingly. The agreement should include how marital assets and debts will be divided, possibly preventing disputes during a potential divorce.
Why Is a Prenuptial Agreement a Good Idea?
Just creating the document can be beneficial. The two of you need to think about your financial lives and assets and your duties and rights during and after your marriage. These agreements may be particularly helpful if one or both parties have significant assets before the marriage, a well-paying job, or a business. One or both parties may feel more at ease if they know what will happen financially if the marriage ends in divorce, and the outcome will be fair and mutually agreed upon.
If one or both spouses start a business during the marriage and it is not mentioned in the agreement, who ends up owning what can be determined by a contract made during the marriage (a postnuptial agreement), by amending the prenup, through negotiations during a divorce, or at a trial. The issue can also be part of a business ownership agreement covering what will happen if you divorce.
What Effect Does Business Ownership Have on Equitable Distribution Without a Prenuptial Agreement?
Consider what would happen if a marriage ends in divorce and one or both spouses own a business but there is no ownership, prenuptial, or postnuptial agreement. One spouse could argue it would be fair and equitable that they should get part ownership (if they do not already have it) and make the case for how much that should be (whether they own part or not.) The outcome would depend on how actively the spouse aided the business and what sacrifices they made so it could be a success, including contributing personal funds, working for the company, or sacrificing their career to help it.
The fate of family-owned businesses can be a highly charged divorce issue. A prenuptial or other type of agreement would spell out how this would be handled and should prevent these types of conflicts from erupting.
Karen Ann Ulmer, P.C., Can Help You With a Prenuptial Agreement
Contact us if you have questions about a prenuptial agreement, want one created, or think you are being forced to sign one. For a confidential discussion with a Doylestown premarital agreements attorney at Karen Ann Ulmer, P.C., call (215) 752-6200 or email us. We can meet in our Doylestown or Langhorne office or speak with you by phone.
Deeds, Mortgages, and Your Divorce
DivorceRetaining the family home was a divorce priority, and after all the dust settles, it is yours. Now what? You must do the paperwork and make the necessary financial arrangements to make this a reality.
How Does the Paperwork Work?
If both spouses own the house, one can transfer their interest to the other through a quitclaim deed, but it comes “under and subject” to existing encumbrances and liens. Most home purchases are subject to a promissory note payable to the lender providing the mortgage. The promissory note creates the obligation to repay the loan you used to buy your home. The mortgage makes the home security or collateral for the loan.
The promissory note is considered a “joint and several obligation,” so the borrowers agree the lender may pursue either or both spouses if the repayments are not current. Unless this issue is addressed, if your spouse signs over their interest in the house but the promissory note is still in effect, they may be liable for mortgage payments for a home for which they have no ownership interest.
Typically, a property settlement agreement states the spouse with the house will “indemnify and hold the other spouse harmless” from the promissory note’s obligations. But, the lender is not bound by or a party to the agreement. If the lender seeks money from your ex, they could sue you for breach of the divorce agreement because you agreed to indemnify them. But if you lack the money to pay the mortgage, you probably lack the resources.
How Will Refinancing the Mortgage Help?
One way to prevent this from happening is to refinance the house. It ends the mortgage you and your ex signed and substitutes a new one in your name. The promissory note used to buy the house is canceled, and the mortgage is officially satisfied. You get a clear title, a loan to pay what is left, and a promissory note and mortgage in your name.
If you cannot make the payments, your ex is not responsible because the old promissory note is no longer an issue, and the current one only applies to you.
However, refinancing may be difficult if you lack a good credit history and a regular income. Each lender has its own rules covering to whom they will lend and the amount. This can vary also with the type of loan. An FHA mortgage will probably have lower lending standards but will cost more than a non-FHA loan.
If you have not started already, work with a mortgage lender or broker even if the divorce settlement is not final. Establish child and spousal support payment histories so the lender will view them as income sources to help pay the debt. Try to improve your credit score so it is at a level a mortgage underwriter will want to see. It is much better to prevent the problem of being turned down for a refinance than to deal with it afterward.
Get the Help You Need from an Attorney You Can Trust
Whether you are thinking about divorce or you have decided it is the right step for you and your family, call Karen Ann Ulmer, P.C., at (215) 608-1867. You can start a new chapter in your life, including owning a home yourself. We can discuss this over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.
Post-Divorce Dates to Abide By
DivorceObtaining your final divorce order signed by a judge is a big moment, but there is still more to do. You will need to deal with several issues to finally put the process behind you. There are many pieces of “clean-up” to take care of before you can wash your hands of the matter.
What Dates Do I Need to Worry About?
Your divorce judgment requires you to take several actions and meet specific deadlines. You may need to:
Take another look at your divorce agreement and order. What actions must you and your ex perform, and what deadlines or time frames are spelled out? Create a checklist of what you and your spouse must do and when. You will be better prepared to get things done on time and be aware of what your ex may be failing to do.
What Happens if Deadlines Are Missed?
Missing a deadline may cost you legal remedies to which you otherwise are entitled. You do not want to be in front of the judge again, explaining how disorganized you are or, worse, stating why you should not be held in contempt of a court order.
Your ex probably has deadlines, too. We can discuss them and what might happen if one or both of you fail to meet them. For example, your spouse may have a given time frame to retrieve personal property from the former marital home. If they do not, the order may allow you to keep, throw away, or sell the items.
Other issues are more serious. An ex-spouse could be held in contempt for failing to comply with the court order’s terms. The other party could ask the court to enforce the judgment. If found in contempt, an ex would be ordered to comply, may need to pay a fine, and, if the situation is severe enough, spend time in jail.
What Is the Right Response to Missed Deadlines?
Both parties should prioritize compliance, and there must be good faith efforts to comply. But sometimes stuff happens, and someone becomes ill, bureaucracies are not responsive, there are issues at work, elderly parents may need help, and deadlines are missed.
No matter which party is not getting things done, the issue is often whether someone is genuinely trying to get everything done on time or there is a conscious effort to refuse to do things or delay getting them done. If the process is dragging on or a party is hostile, it may be time to get the court involved.
Get the Help You Need From an Attorney You Can Trust
If you are considering getting divorced, have decided it is the right step, or are facing challenges after your divorce was finalized, call us at (215) 608-1867. We can discuss your questions and what is going on over the phone, via a teleconference, or meet in our Doylestown or Langhorne office.
Bad Divorce Advice
DivorceIf you are divorcing, you need the support and understanding of friends and family to help you through the process. What you do not need is bad advice that, if followed, can harm your interests and increase the cost and complexity of the process.
If you talk to someone about your divorce and the issues that come with it, you could get a variety of reactions. The other person may want to change the subject. They may have been divorced in the past and provide you with helpful insight.
They could also be well-meaning but give you misinformation or inappropriate suggestions based on what they have read on social media or the supposed experiences of their friends and family members. You need to filter out the wheat from the chaff.
Bad divorce advice:
Over the years, clients have told us plenty of incorrect, illegal, and just plain whacky ideas they have heard. Here are a few that are worth avoiding:
It could be making up abuse by a spouse, hiding assets, distorting important conversations with your spouse, or claiming you do not remember something that you clearly do. Chances are this will poison whatever goodwill is left with your spouse. The case will head to litigation, not a settlement, and your duplicity will probably be exposed.
You may have been in a good position to reach your goals, but your dishonesty may effectively set your case on fire. Judges have enough to deal with and do not have patience for liars. Neither do we. We have enough honest clients to serve. We do not want to work with dishonest ones. It is not worth the grief.
Representing yourself may be a good idea in limited circumstances. If the two of you are childless, have low incomes and few assets, and want the relationship to end, then representing yourself is worth considering.
However, while you may think you are saving money by representing yourself rather than hiring an attorney, more than likely it will cost you in the long run. The legal process can be complicated and you could waive rights, trust your ex a bit too much, or not take care of details causing you headaches and significant issues in the future.
You may qualify for help from legal aid organizations, depending on your circumstances. You may also receive financing to help pay for our services.
Anyone thinking about a divorce should at least talk to an attorney. When we talk to prospective clients, we often spot issues they did not know about or thought were unimportant. If an attorney is not protecting your rights and interests, you may end up with a divorce that is not in your best interest. It may cost you far more in the long term than what you saved in legal bills. We can help you keep your costs down.
Going on shopping sprees, enjoying an expensive vacation, or showering friends and family with gifts sounds like great fun, but it is not a good idea if you are getting divorced. It comes with equitable or fair asset and debt distribution. There will be a formal moment when you and your spouse decide to divorce. Once you establish that point, you will be responsible for your spending.
By spending money owned by the two of you, you will end up with less when all is said and done. That wasted money will be subtracted from what you may have received. It will not come out of your spouse’s pocket. You also risk being cut off from funds if your spouse asks a court to freeze assets you might abuse, and you, not the two of you, may end up with your credit card bill.
Get the Help You Need from an Attorney You Can Trust
If you are considering getting divorced or have decided it is right for you, call us at (215) 608-1867 or schedule a consultation online now. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.
What is Joint Physical Custody?
Child CustodyIf you are a divorced or separated parent, you probably share physical custody of your child or children. This means you are with your child physically, spend time with them, and supervise your child. The law presumes a child is better off spending time with both their parents, though custody rights can be limited depending on the situation.
What is Custody?
There are two types:
One person has sole legal custody of a child, or it is shared. Physical custody is:
If the parties cannot agree on who should have physical custody and what type, the issue can be litigated, and a judge will decide the issue based on the child’s best interests. If there is an agreement, the judge will review and possibly reject it based on the same standard.
How Does Joint Physical Custody Work?
In most cases, the ideal joint physical custody arrangement will be for the child to spend the same time with each parent or close to it. Practical realities often stand in the way of that perfect outcome, such as:
To try to deal with these limitations, the parties should come up with a parenting time plan (which is submitted to the court as part of the custody process). Parenting time is the time a parent spends with a child. The plan maps out which parent will spend what time with the child. The parties should look at their situations and develop the best plan possible. They should try it, and if it is not workable, be flexible enough to adjust it.
What are Our Options?
A common approach is a 2, 2, 3 schedule. One parent has the child Monday and Tuesday nights, the other has Wednesday and Thursday nights, and the parents alternate weekly for Friday through Sunday. This presumes the child is too young for school, or the parents’ homes are close enough for the child to attend the same school, and neither parent works nights or weekends.
Another way to share physical custody is to find a way to equally split time by the child being with one parent during the school year, weekends are shared between the two parents, holidays are split, and the other parent has the child when school is not in session. This approach is more practical if the parents do not live in the same area.
This is not about a child punching a clock, so they are with a parent precisely half the time. The focus should not be on an equal quantity of time, but on maximizing the quality of time the child has with each parent, given everyone’s schedules and commitments.
Child Custody Lawyers You Can Trust
If you have questions about physical custody or want legal representation in a custody matter, call Karen Ann Ulmer, P.C., at (215) 752-6200 today.
Stepchild Custody Issues
Child CustodyWhen divorcing, stepparents are often conflicted about maintaining a relationship with their stepchildren. If you have known your stepchildren for a long time and/or were a significant part of their lives, you may want to continue those relationships after the divorce.
Does a divorce end a spouse’s role in raising a stepchild? Not necessarily. Although uncommon, a judge may order a stepparent to have custody of a child after a divorce if they find it is in the child’s best interest. A judge can also order that a stepparent have visitation with a stepchild to maintain the relationship.
Who Qualifies as a Stepchild?
A stepchild is your spouse’s child by a former partner. So if you marry, and your new spouse already has a child, you are a stepparent.
What is Child Custody?
Child custody gives a person certain rights concerning a child. The adults involved can agree to a custody arrangement (which needs a judge’s approval), or the issue can be litigated. There are two different types of custody:
A judge’s primary concern when deciding who should have what kind of custody is what is in the child’s best interests. State statute lists 16 factors a judge may consider when deciding this issue, and they are free to consider others depending on the case’s facts.
These types of cases are filed by unmarried couples, or married couples separating or divorcing.
Could a Stepparent Have Custody of a Stepchild After Divorcing the Child’s Parent?
If there is a custody dispute between a parent and a nonparent, the law presumes the parent should get custody. This presumption can be rebutted by clear and convincing evidence. For instance, if the parent (s) have a serious substance abuse issue (alcoholism, drugs, or other addiction), have neglected the child in some way, or are not able to care for the child, then a stepparent may obtain custody.
You may be awarded custody depending on your involvement in the child’s life. If you stand in loco parentis (in place of the parent) for the child, you can seek custody rights. This legal status occurs if you help raise the child without a formal adoption, and a biological parent is not part of their life.
A judge may consider:
Judges have wide latitude, but not total discretion, when making these decisions.
Can a Divorcing Stepparent Who Adopted Their Stepchild Get Child Custody Rights?
If you formally adopted your stepchild, you are then their legal parent. As such, you have the same rights and obligations as a biological parent, so you can seek custody of the child if you are divorcing or separating from your spouse. Adoption of a stepchild is a common practice. It usually happens when both biological parents consent. It may also occur if a court involuntarily terminates a parent’s parental rights.
Adoption empowers a stepparent to make legal and medical decisions concerning a stepchild. You would be legally obligated to care for a child if your spouse becomes incapacitated or dies. Adoption also puts you in a stronger position to seek child custody rights if the marriage ends in a divorce.
Child Custody Lawyers You Can Trust
Whether you are a stepparent seeking child custody rights or a parent who wants to prevent that from happening, Karen Ann Ulmer, P.C. lawyers may be able to help you reach your goals. If you have questions about child custody or need legal representation, call us at (215) 752-6200 today.
International Divorces and Some of the Challenges the Parties Face
DivorceBucks County and Central New Jersey have large immigrant communities, so it is not unusual for another country’s laws to impact the divorce of someone living here. No matter where the parties are or whose laws are used, the more reasonable and cooperative the spouses are, the easier the process.
If you believe your spouse may file for divorce and/or child custody in another country, it is critical that we speak immediately to protect your rights as soon as possible. In the meantime, it is best to gather all of your IDs (and those of your children) and place them somewhere for safekeeping. Do not allow your spouse to take your children out of the country.
What is an International Divorce?
Another country’s laws may apply to a divorce, depending on the circumstances. When this happens, it is considered an international divorce. International divorces involve spouses married in another country or one or both of them:
If you think you fall into this situation, contact our office immediately. International divorces can be like a complex machine. You do not want to get caught up in the gears, and what you do and when may impact the outcome.
Why File for Divorce in One Country and Not the Other?
Part of a country’s culture is its view of marriage, parenthood, and the equality (or lack thereof) between the sexes. That affects their laws. A country may provide less legal protection and rights to a wife than a husband when they divorce.
Someone may file for divorce in their home country, not the US because they think the laws there are tilted in their favor. They believe it will be easier to get what they want through a trial or they believe the foreign country’s laws will give them negotiation leverage.
Who Has Jurisdiction?
The courts of more than one country may claim jurisdiction or the ability to decide the matter. Each country has its own laws and court processes. Every divorce issue can be impacted, whether that is child custody, child support, alimony, or division of assets and debts.
One factor is where the initial filing was made. But it is not just a race to the courthouse. To have jurisdiction, the country where papers are filed must meet two requirements:
A “dual filing” occurs when one spouse files in the US and the other files in another country. US courts will consider several issues when they decide if they have jurisdiction:
International divorces can involve complex issues, and judges may be forced to make difficult decisions.
Jurisdiction is Only the Beginning
No matter where proceedings occur, jurisdiction only allows a court to make decisions. What is left are the other issues in dispute. After the divorce is finally adjudicated, there are other potential problems when a party tries to enforce a divorce order from one country in another country.
Get the Help You Need from an Attorney You Can Trust
If an international divorce might be in your future, call us at (215) 608-1867 or schedule a consultation online now. You do not have time to waste, and you must make informed decisions to get the best outcome. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.