Monday, May 4, 2015

International Family Law & Probate Law Not Simple

Whenever a case involves international law, it is wise to decide at the very beginning what needs to be done. 

For instance, some divorce cases involve two or more countries. Legal actions taken in the U.S. may or may not have an effect in the foreign country (or may have an effect that you didn't want to happen!).

International family law is not uniform. there are many treaties that apply, but not all countries sign those treaties. so the law about divorce, adoption, or custody may need to be researched very thoroughly at the beginning of a case to avoid surprises.  

It is possible to have a divorce that is accepted in the U.S. but not in the home country.  

Probating foreign property (or probating U.S. property of a foreign national) can require extra steps and knowledge.

When it comes to divorce, adoption, custody, and some probate cases it is often advisable to have an attorney in the other country as well as in the US. at least for consultation as the case is proceeding. AND choose a local attorney who has knowledge and experience in this area. 

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