International divorce is a complex legal process that could involve a spouse who is a foreign national or a couple who got married in another country and wish to end their marriage in California. The legal and logistical challenges of international divorce are often compounded by cultural and language barriers and likely jurisdictional disputes, making it crucial to have an attorney who is experienced in handling such matters.

Jurisdiction in an International Divorce

Jurisdiction means the ability of the court to determine a specific issue, including the ability to make orders about the issue.  For example, California courts may have jurisdiction over a divorce if one of the spouses is a resident of California and wishes to have the marriage terminated here, but whether it has personal jurisdiction over the other spouse might be an issue.  Likewise, if there is personal jurisdiction over both spouses, the California court still does not have jurisdiction to directly affect the title of property situated in a foreign sovereign.  Whether the California family court has jurisdiction over the divorce of the spouses or personal jurisdiction over the spouses themselves often results in legal challenges to the California proceedings.

Property in an International Divorce

In California, the property laws governing divorce are based upon the principle of community property.  This means that any property or debt acquired during the marriage, regardless of who earned it, is presumptively joint property or debt and must be divided equally between the spouses.  If you and your spouse acquired property or debt in a foreign country and your divorce is determined in California, then California’s quasi-community property law treats those assets and debts as if they are community property. 

Child Custody in An International Divorce

Sometimes a parent involved in an international divorce wishes to relocate the children to their former country of residence.  This may invoke jurisdictional issues related to child custody.  A relocation or move-away request to a foreign country may become a significant issue depending on many factors, including which foreign country the parent wishes to relocate the child to.

At Antonyan Miranda, we know that the key to a successful international divorce case is to be proactive and thorough in addressing these complex issues. This means comprehensively assessing jurisdictional issues early in the case, then marshaling all necessary information and evidence regarding the couple’s financial and personal circumstances.  Beginning with jurisdictional issues, we will be there every step of the way, providing the guidance and support necessary to navigate the international divorce process successfully. Call Antonyan Miranda at 619-696-1100 to speak with one of our Concierge attorneys, or visit us at www.expertdivorcelaw.com for more information.