International Divorce & Custody

Our mobile and global community means that many people living in Connecticut face international divorce issues.  For example:

  • Both spouses are foreign nationals living in the United States
  • Both spouses are United States nationals, but one or both are living abroad
  • One spouse is a foreign national and one is a U.S. national living in the states or abroad

While divorce is a challenging experience for everyone, international divorce adds further complications to an already challenging process.  International divorce and custody cases are difficult, factually complex, and often emotionally volatile – particularly when they involve relocation issues.

International clients can experience challenges regarding both regarding property and children. Each set of circumstances presents different issues that require the skill and knowledge of a legal team experienced with international divorce and custody issues.

Property Division

Each country has its own laws regarding how to value, divide, and transfer property. Determining which country’s laws will apply in part depends on the type of property — whether it is real estate or personal property. However, establishing jurisdiction does not always settle the matter. Even if a Connecticut court has jurisdiction over international property, practical difficulties can still arise in enforcing the American judgment overseas.

Other challenges can arise in international property division regarding the proper valuation and appraisal of property. If you and your spouse entered into a prenuptial agreement or there was a dowry in another country, additional hurdles can arise.  Following a divorce, enforcement of court orders regarding property division and alimony orders add to the complexity.

Child Custody

Some of the most common international child custody issues include:

  • International relocation of children
  • International child custody
  • Enforcement of child custody abroad
  • Abduction

Different areas of family law come into play.  First, there is the substantive Connecticut law on divorce, custody, relocation and the best interests of the child, which are often complex when an international move is involved.  Depending on the issues involved and the choices the parents make, the law of other states and nations, as well as international law can be involved – including the Hague Convention on the Civil Aspects of International Child Abduction, a treaty with approximately 45 member countries, and the Uniform Child Custody Jurisdiction Act (UCCJA), along with its updated replacement, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

You can read additional articles and blog posts on Divorce and Custody below:

The attorneys at Freed Marcroft guide select clients through the legal aspects of divorce while remaining mindful of their overall wellness. To discuss our helping with your situation, contact us either here or by phone at 860-560-8160.