Divorce is a challenging and stressful situation for anyone. However, when you add international law to the mix, it can become even more difficult to navigate. If you are considering a divorce in Nevada where one or both parties are foreign nationals or if you got married abroad, it is essential to understand the critical factors that will affect how your divorce is resolved in the United States. Here’s what you need to know about addressing international divorce in Nevada.
Establish Residency in Nevada
Before filing for divorce in Nevada, both parties must meet residency requirements. At least one spouse must have lived in Nevada for at least six weeks before filing for divorce. However, this residency requirement does not apply if the Nevada court lacks jurisdiction over one of the spouses.
Recognize and Apply Nevada Divorce Laws
Nevada follows "no-fault" divorce laws, meaning that a party can get divorced without having to prove fault on the part of the other spouse. Even if your foreign jurisdiction does not have a "no-fault" law, it is crucial to understand that you must follow the laws and procedures of the state where you file for divorce. In Nevada, you need to file for a divorce petition in the county where you or your spouse resides.
Hire an Attorney with Experience in International Law
Hiring an attorney who has experience in international divorce cases will be your most significant asset in navigating through the divorce proceedings. An attorney familiar with international family law will be familiar with the nuances of the case and can translate applicable foreign law into U.S. legal terms. They can advise on a jurisdiction issue and will help you avoid costly mistakes in the long run.
Addressing Jurisdiction
The first and most important issue to resolve in a cross-border divorce is jurisdiction. A court must have jurisdiction over the parties to enter a valid divorce decree, and it must have jurisdiction over any assets in the property division that you want to address. If Nevada courts have jurisdiction over your divorce case, they will apply Nevada law when making decisions.
Property Division
Nevada applies the community property law when dividing marital property between spouses. However, due to international law and the jurisdictional requirements of other countries, determining the correct distribution of assets can be very complicated. An experienced attorney can help manage challenges that arise from dividing international assets.
Child Custody
Child custody is another crucial aspect of the divorce process, particularly when international law is involved. Parental international child abduction or interstate abduction laws may impact the custodial arrangement determined in the Nevada court. Hiring a competent attorney experienced in international custody laws could ensure your child’s best interests are secure.
International Support and Spousal Maintenance
International laws often come into play when discussing international support and alimony payments. These payments are considered part of your divorce settlement and may be more complicated when considering foreign laws. An attorney experienced in international divorce cases will make sure that support and alimony agreements hold up both at home and abroad.
Final Thoughts
When dealing with an international divorce, it is important to be aware of legal nuances and complexities that may arise due to international laws. With the help of an experienced Nevada divorce attorney who knows international family law regulations and procedures, you will be more likely to achieve an outcome that is both favorable and enforceable, either in the state or countries abroad.
Navigating the process of an international divorce can be stressful and challenging. Still, with proper legal guidance, it can be handled with ease so that you can move forward with your life.