Rabu, 03 Februari 2010

Divorce when one spouse is not in this Country
Jurisdiction for divorce cases rests with each party therefore either party can bring a divorce action in the jurisdiction in which they reside. That means that if one party resides in another state or even another country that the law in every state will recognize a divorce granted by that jurisdiction.

The only requirement being that the party not in residence be served personally.  If personal service is not acheived then the court must fashion a remedy such a proper publication in order to try get notice to the party and some proof of a "due diligence" effort to locate the other spouse. This can be acheived by contacting a private investigator and getting him to run a full array of searches.

Division of property and custody and visitation issues may in fact be a little trickier if one party contests the divorce.  Most times if a spouse has established a residence along with the children for at least a six month period that spouse may ask that their home state be considered the jurisdictional venue for all matters involving custody and visitation.  It is then a battle of the states do decide which venue is proper for a decision in that regard.

All states however, will recognize a foreign divorce decree whether it was obtained outside the United States or within a different state.

Tidak ada komentar:

Posting Komentar

Featured Post

Idée Déco Chambre de Fille