Getting a divorce is an incredibly challenging legal process with many different things that must be taken into consideration. However, this becomes even more complicated when you have a non-citizen spouse. If this reflects your circumstances, you may have many concerns about what you must do during this process. The following blog can help explain the challenges you can face and why consulting divorce attorneys in Nassau County is critical to ensuring this process goes as smoothly as possible.
Are There Challenges With Divorcing a Non-Citizen Spouse?
If your spouse is not a United States citizen and you pursue a divorce, it’s necessary to know that most of the challenges with this process will impact your partner. For example, if you file for divorce within two years of the marriage, it can affect their residency status. However, they can file a temporary waiver to prevent leaving the country, but you must also sign this document to confirm that your marriage was in good faith.
However, there are challenges that can impact you as well. If your spouse is not a citizen, dividing your marital property can be incredibly complex. Under the Hague Conference, you can choose whether you follow the United State’s rules of the laws of your spouse’s home country to determine property division. However, if your spouse is not a citizen of a Hague Conference member nation, this can be extremely complicated.
Finally, if you and your spouse share a child, you may worry about the custody arrangement if your partner wants to return to their home country following the divorce. The courts will consider all relevant factors to determine the best interest of the child. Additionally, your spouse cannot take the child out of the country without your permission, as this can be considered abduction. Luckily, many nations worldwide recognize this violation of your custody arrangement to return the child.
What Should I Do if I Need Help Navigating This Process?
As you can see, divorcing a non-citizen spouse can be incredibly complex and carry many complex issues. That’s why you should consult an experienced divorce attorney as soon as possible to ensure you are treated fairly during your divorce. Trying to navigate this process on your own can result in unfair distribution of assets or child custody arrangements.
When you need help with your divorce, Barrows Levy is ready to assist. We understand that divorces are incredibly complicated legal matters that only become more confusing when immigration comes into play. Luckily, our team has the experience you need to guide you through these challenging issues to help fight for the best possible outcome for your circumstances. Schedule a free consultation with a member of our team today to learn how we can help you.