Dual Citizenship May Complicate Divorce

With marriages involving dual citizenship becoming increasingly common, Forbes contributor Jeff Landers has evaluated how the laws of different countries can compound the complications of divorce. The article warns that the disparity between the practices of divorce courts may have significant consequences on how someone will be treated, because "[c]ountries vary in their legal views of women’s rights, acceptable grounds for divorce, alimony, property distribution, child custody and child support, among other things." Furthermore, though divorces obtained in foreign countries are generally legally recognized in the United States if both parties were living in the country that issued the divorce, there is no treaty between the United States and any other country ensuring recognition of foreign divorces. Landers recommends being well-prepared, well-informed, and well-advised about foreign divorce processes in order to minimize any of the complexities that may arise in dual citizenship marriages.

Cindy Pham is a third year law student at the University of Denver Sturm College of Law and contributes to IAALS Online. Please direct inquiries about this post to iaals@du.edu.