Massachusetts Couple Balances Divorce and Citizenship Issues

December 18, 2012

Divorce is never easy, but, as one Massachusetts couple learned, dual citizenship can make matters even more difficult. The wife, a dual citizen of both the United States and Great Britain, decided to split from her husband after moving from London, England to Cambridge, Massachusetts.

The couple was not married for very long, did not have children and had no joint property. As a result, their split was relatively easy. Unfortunately, the ease of their split was not common when dual citizenship is involved. Citizenship issues can lead to a myriad of issues during a divorce.

Citizenship issues can cause headaches during divorce

As reported in a recent Reuter's article, not all couples are as lucky. Although there are no statistics on how many people are trying to balance divorce and citizenship issues, Ken Altshuler, president of the American Academy of Matrimonial Lawyers states the trend is on the rise. Unfortunately, these divorce proceedings can include kidnappings and increased litigation costs.

A man from Virginia is currently battling both. He is fighting for custody of his two children, who currently live with his ex-wife in the Dominican Republic and has already paid well over $50,000 in costs associated with his divorce. Unfortunately, he will likely pay more before a resolution is reached.

In addition to parental kidnappings and litigation costs, other factors that can be an issue in these cases include:

-Where to file for divorce
-Division of property

It is important to note that not all divorces can be completed in the United States. This is especially true if the couple is living abroad when they choose to split. Generally, balancing different citizenships and divorce is easiest in the United States and European countries. If the couple cannot come to an agreement on where to file, the person to file first often determines where the divorce occurs.

An additional obstacle can revolve around how the property is split. Couples who have lived in different countries may own property around the world. Although courts can determine the division of property across country lines, it can be difficult to actually ensure that a spouse hands the property over.

Navigating through the various issues associated with a divorce is difficult, and citizenship issue can make it even more complicated. As a result, if you are going through a divorce where dual citizenship is an issue, it is wise to seek the counsel of an experienced divorce lawyer to discuss your situation and better ensure your legal rights are protected.

A worthwhile first step would be to develop a comprehensive prenuptial agreement that directly addresses the relevant issues. The agreement could fix the jurisdiction and dictate the law to be applied under various scenarios. It could provide for guidance as to the intent of the parties at the time of the marriage and deal with the economic consequences on the respective parties of a potential divorce in a jurisdiction other than the one a party may then be then living in. It may provide that the party possessing US citizenship or the US naturalized citizen be the sole possessor of any child's passport and that travel with children be only to a Hague Convention subscribing country, as child kidnapping laws are more likely to be honored and for economic sanctions for a party violating the agreement.

Another pitfall to be cognizant of is the effect of a divorce while citizenship is pending after the work permit or residency status has been achieved by the non-citizen husband or wife. Failure to understand the potential consequences could be regrettable.

Article provided by The Law Office Of Kevin P. O'Malley P.C.
Visit us at http://www.attorneyomalley.com