Navigating Divorce with Dual Citizenship: Legal Complications and Considerations in New Jersey

Dual citizenship offers many benefits, from employment options to real estate purchases; many transactions in other countries are more manageable for citizens.  Unfortunately, divorce is not one of them. Divorce is never easy, but one involving dual citizenship of one or both spouses can present a unique set of challenges that require specialized law advice. Dual citizenship, also known as dual nationality, occurs when a person is simultaneously a citizen of two countries.

This most frequently occurs through birth:  a child born to parents with U.S. citizenship in a foreign country will usually be given dual citizenship.  While several countries do not allow dual citizenship, the United States allows its citizens to become nationals of other countries without renouncing their rights here.

The Role of Residency in Determining Divorce Jurisdiction

To file for divorce in New Jersey, at least one spouse must have resided in the state for one year.  With regard to jurisdiction, habitual residence is a critical principle involving dual-citizen couples.  It is where a person has lived for a significant period and intends to remain.  When it comes to dual-citizen divorce, habitual residence can sometimes indicate the jurisdiction in which the divorce should be filed.  Some countries require at least one spouse to habitually reside there for a prescribed amount of time before filing for a divorce.  It is also possible that a country will hold jurisdiction over a divorce proceeding even when New Jersey also has jurisdiction.

3 Key Legal Hurdles in Dual-Citizen Divorce Cases

1. Dividing International Assets

The division of assets is incredibly challenging.  New Jersey is an equitable distribution state, so assets are divided fairly but not necessarily equally.  A divorce in another country could imply a different division of assets.  It is tough to identify marital assets when the couple shares property in another country.  For example, Dustin and Monique lived in France for several years.  They are citizens of France and the U.S. but have spent most of their marriage in France.  Monique moved back to the States, seeking the support of her family to divorce Dustin.  She filed for divorce in New Jersey and reported all of the marital assets, most of which were across the pond.  The court had to calculate the suggested value of the assets.  It awarded Monique an approximate monetary value equivalent to the known marital property to which she was entitled, but it would be challenging for her to receive it if Dustin stayed in France.  Some courts cannot determine the value of marital assets when there is scant evidence to prove they exist.  That is why legal assistance in the country where you are married is vital.  They can catalog the assets and gather evidence such as real estate registries and deeds.

2. International Child Custody Issues

Child custody is a sticky wicket regarding international marriages between dual-citizen couples.  When couples reside in indifferent countries, custody agreements can be complicated.  Some countries require the custody arrangement to be decided in the country where the marriage occurred.  Others take the custodial rights of the mother when the divorce is finalized.  We have all heard horrible stories about one parent kidnapping the children to keep them away from the other parent.

The Hague Convention: Protection Against Child Abduction

In 1980, the U.S. created the Hague Convention, an international agreement to have children who have been abducted returned to their legal custodians.  The Convention comprises 81 countries that have agreed that when a child is unlawfully kept away from their legal guardian, steps will be taken to have the child returned once an application is submitted to the Central Authority of the state or country where the child usually resides.  It is important to note that the U.S. has no jurisdiction outside of its borders.  Countries volunteer to cooperate but are not legally bound to do so.  “Reverse kidnapping” is illegal, even if the parent seeking their child has been given custody.  The proper channels must be used even during long legal battles.

3. Alimony Across Borders

The courts decide on alimony based on many factors, including the length of the marriage, the formal education of both parties, their ages, physical and mental health, and their job skills.  They also consider the spouse’s financial contributions to the marriage, the equitable distribution of marital and individual assets, and the amount of time they were not employed (if applicable).  Unfortunately, little can be done when a spouse is ordered to pay alimony by a U.S. court but resides abroad.  Likewise, if the divorce takes place in a country that does not have alimony, there is not much that can be done.

Cultural and Practical Difficulties in Dual-Citizen Divorce

The cultural differences between countries can be in stark contrast to one another.  Some countries view divorce disparagingly, especially in terms of religious beliefs and traditions.  Many require three to five years of separation before allowing for a divorce.  Divorcing couples may be ostracized from their families and community.  In some cultures, the wife must submit an application for divorce to a religious body that will decide if the divorce can move forward.  Others will not allow a divorce until the parents of both spouses set the terms of the divorce.

Language barriers are a source of frustration.  If the divorce must be given abroad, government forms, instructions, and hearings are held in the language of that country.  Having a translator isn’t always practical and can be very expensive. Maneuvering through a divorce of two countries can seem an insurmountable task.  Procedures and requirements are not always straightforward, and in the court system, no matter where you are, everything seems to move at a snail’s pace.  No one is in a hurry to process your divorce other than you, primarily when it occurs abroad.

Put Our Years of Experience to Work on Your Dual-Citizen Divorce Case in New Jersey

At the Bronzino Law Firm, we know a divorce is an arduous, tumultuous experience that can leave you exhausted, especially when it involves dual citizens.  There are so many moving parts:  custody, alimony, distribution of assets, and international issues.  We have the experience you need to maneuver through the divorce process in New Jersey, no matter the situation. You have rights that are protected under U.S. and foreign law.  If the jurisdiction of your divorce falls outside U.S. borders, it does not mean all is lost.  Most countries have laws that protect both parties in a divorce, especially when they are citizens.  However, if you are able to get a divorce in New Jersey, our attorneys can help you navigate the complexities of a dual-citizen divorce in this state.

We serve clients in Asbury Park, Belmar, Freehold, Long Branch, Red Bank, Brick, Lakewood, Point Pleasant, Toms River, Jackson, and across the Southern New Jersey region.  If you have questions or need representation for your divorce and you or your spouse has dual-citizenship, call us today at (732) 812-3102 or contact us online for a no-cost, no obligation consultation.