With Americans increasingly living and working abroad as we expand to a global workforce, Indiana divorces with international aspects are not uncommon.1 This blog briefly highlights some of the issues you need to know if you are in this situation.
Jurisdiction. As long as one of the parties have lived in the state and county for six (6) months, the Court has jurisdiction to entertain a divorce case and it can make a custody award, divide the property, and divorce the parties. So at a basic level, Indiana courts can provide complete relief for the spouse (and children, if there are ... Read More
Tag: The Hague Convention
12
Sep2019
01
Jul2019
In law, there are innumerable situations without clear answers. With this particular question, as a general rule, the answer is, “probably not”. This was somewhat common in the 1960s and 1970s. As a result, the states eventually adopted a version of the Uniform Child Custody Jurisdiction Act.1 This law provides a mechanism for states that are competing over the matter between two parents to resolve their dispute over at least custody of the children. This is a mechanism for two states in a divorce or paternity/custody case to decide who will handle and decide the case. Under this Act, when ... Read More
09
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these situations creates an added layer of complexity in resolving the divorce, whether the multi-jurisdictional element ... Read More
08
Mar2017
Many countries are signatories to the Hague Convention on the Civil Aspects of Child Abduction1; and the treaty has been ratified between these countries. When this is the case, a child wrongfully removed from his or her country of habitual residence may be subject to proceedings to return proceedings, generally brought in the country where they have been taken.
However, while there are always circumstances relevant to removal, a few constitute legal, affirmative defenses that will allow the judicial or administrative authority to not be bound to order return. These are the focus of this blog and are highly fact sensitive ... Read More
04
Oct2016
As we move into our economic and monetary future, we increasingly move toward an integrated international economy and lifestyle. No longer is it unusual to become employed by a domestic company, but still have a position which calls for extensive travel, or even living in another country - at least for a period of time. And so follows that many relationships will also become international in one form or another.
This sometimes brings about potential complications, particularly in the area of children and child custody. The United States is a signatory country to a treaty known as The Hague Convention on ... Read More