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We Speak English, Arabic, and Spanish
CALL TO Schedule a In-Depth
Confidential Consultation
International divorce, when one spouse lives outside Florida, can be complex. Millions of Americans now live abroad, and international marriages are increasingly common. These cases often present unique challenges, including determining jurisdiction, dividing assets across multiple countries, and addressing custody and support issues. Understanding how different legal systems and international treaties interact is key to a fair outcome. At Altawil Law Group, our Miami divorce lawyer helps clients navigate the entire divorce process. From filing the divorce petition to enforcing foreign divorce decrees, we ensure that every step adheres to both Florida and international law standards.
The first and most important step in an international divorce is deciding which court has authority to hear the case. Jurisdiction determines where the divorce petition should be filed and which laws apply. This becomes more complex when one spouse resides in a foreign country. In most cases, Florida courts can handle the divorce if at least one spouse meets the state’s residency requirements or has a strong connection to the state. We guide clients through these early decisions to avoid legal conflicts later.
To file for divorce in Florida, at least one spouse must have lived in the state for six months before filing. This rule applies even if the other spouse lives in another country. Proof of residency can include a driver’s license, voter registration, or testimony from a Florida resident. If one spouse is living abroad, the Florida court can still proceed once residency is confirmed. At Altawil Law Group, we assist clients in preparing the necessary legal documents and evidence to meet these requirements.
Even if one spouse lives overseas, Florida courts may still have jurisdiction if that person has minimal contacts with the state. These contacts may include owning property, operating a business, or managing financial accounts in Florida. This legal connection gives the court authority to decide issues such as property division, alimony, and child support. We review each client’s circumstances carefully to determine whether Florida qualifies as the proper forum under state and international law.
In some international divorces, both spouses may file for divorce in different countries. This situation, known as a “race to the courthouse,” can cause serious complications. The first court to act typically takes control of the case, which can impact property division, spousal support, and custody rulings. We help our clients act quickly and strategically to protect their rights before a foreign court takes jurisdiction. Timing and legal strategy play a major role in ensuring that your divorce is handled under Florida law rather than another country’s system.
Serving divorce papers to a spouse who lives in another country follows strict rules. Florida courts require proper notice and due process before a judge can proceed with a case. These steps are guided by international treaties that regulate the movement of documents between countries. At Altawil Law Group, we make sure every document is correctly served and recognized under both Florida and international law. Our law office collaborates with process servers and foreign counsel to ensure service is completed in accordance with local and international requirements.
The Hague-Convention is the main treaty that governs how divorce papers and other legal documents are served between member countries. It ensures that each party receives proper notice and has a chance to respond. Under this treaty, the service request is sent through an official channel in the receiving country. This process usually takes at least four weeks, depending on the foreign country’s legal system. We help clients prepare accurate paperwork and track each step to avoid delays.
If the other party resides in a country that is not a party to the Hague Convention, service may be governed by the laws of that country. In some cases, documents can be sent through a diplomatic channel or by international mail. Other countries may allow service by publication in a local newspaper. We coordinate with foreign counsel and local authorities to determine the most suitable method for each situation. Our goal is to ensure that the service is complete, valid, and generally recognized by the court.
International divorces often involve complex questions regarding finances, property, and children. Dividing marital property across borders and determining child custody can require additional time and legal effort. Each country has its own divorce laws, which can influence how judges assess assets and parenting rights. We guide clients through these complex issues while ensuring their rights are protected under both Florida and international law.
Identifying and valuing assets in different countries can be one of the most challenging aspects of international divorce proceedings. Real estate, bank accounts, and investments may be located in multiple jurisdictions. Our attorneys work with foreign counsel to obtain records, verify ownership, and ensure fair division. Because some courts require separate filings to enforce property orders, we assist clients in requesting recognition in the relevant country. We make sure all marital property is fully accounted for and divided properly.
The Hague Convention is an international treaty designed to resolve cross-border parental child abduction cases. It promotes cooperation among member countries to ensure the prompt return of children who have been wrongfully removed or retained from their country of habitual residence. The Convention focuses on protecting parental rights, maintaining stability for children, and preventing parents from using international borders to avoid custody rulings. At Altawil Law Group, we work closely with U.S. State Department offices and foreign authorities to enforce these laws and protect families.
The main purpose of the Hague Convention is to secure the prompt return of a wrongfully removed or retained child. Once the child is returned to their country of habitual residence, local courts handle custody matters under that nation’s family law system. This helps restore the status quo before the abduction occurred. Our legal team assists parents in filing petitions under the Hague Convention and presenting evidence to the proper authority. Acting quickly is critical to ensure the best interests of the child are protected.
“Habitual residence” refers to the country where the child was most integrated into daily life before the wrongful removal or retention. Factors include where the child lived, attended school, and developed personal connections. This determination is vital because it decides which court has jurisdiction to resolve custody disputes. Florida courts respect this definition when handling Hague Convention cases to ensure fairness and consistency with international law. At Altawil Law Group, we assist parents in presenting clear proof of the child’s habitual residence to strengthen their case for a prompt return.
A divorce decree or custody order issued by a U.S. court is not automatically enforceable in other countries. Recognition often requires a separate legal proceeding in that country’s court system. This step ensures that the foreign court accepts and upholds the order. We assist clients in addressing international enforcement issues and collaborate with foreign counsel as needed. Our focus is on protecting your rights and helping you obtain full recognition of your U.S. orders abroad.
The Hague Convention only applies when both countries involved are treaty partners. This means the child must have been taken to or wrongfully retained in another country that has agreed to follow the Convention’s rules. These international custody disputes rely on cooperation between the courts of both nations to enforce the return of the child to its country of origin. We provide legal support to families navigating these cross-border disputes, guiding them through the necessary steps to coordinate with foreign authorities and the U.S. Department of State.
Filing a petition under the Hague Convention in Florida is a precise legal process that demands immediate action. These international child abduction cases often move quickly, so it is vital to work with an experienced attorney. At Altawil Law Group, we act fast to protect parents’ custody rights and begin the return process before delays create further harm or emotional distress.
Hague Convention cases in the United States are typically filed in federal court, rather than in state family court. Most are handled through the U.S. District Court, which has authority under the International Child Abduction Remedies Act, also known as the enforcement act. Our legal team assists parents in preparing and submitting the petition, gathering necessary documentation, and responding to any legal challenges raised by the other parent. We make sure each step follows the Convention’s strict procedures to avoid dismissal or delays.
The Hague Convention encourages courts to resolve return petitions quickly. The goal is to issue a decision within six weeks of filing whenever possible. This expedited process protects children from long-term disruption and restores custody rights to the proper parent or home country. However, exceptions may apply when the court finds a grave risk of harm or when the child’s objection must be considered. We work tirelessly to move cases forward while ensuring that all children’s issues are handled with care and respect.
Can I get a divorce in Florida if my spouse lives in another country?
Yes, if you meet Florida’s residency requirements. The primary challenge is serving your spouse with divorce papers in accordance with international law and ensuring that due process is followed.
What if my spouse files for divorce in another country first?
This can create a legal conflict between courts. You must act quickly to file in Florida and explain why your case should proceed here instead of your spouse’s home country.
How are child custody orders enforced internationally?
The Hague Child Abduction Convention allows parents to request the return of a child wrongfully taken to or kept in one country that is part of the treaty.
Can a Florida court divide our property in Europe?
A Florida judge can issue an order, but enforcing it may require a separate case in that country. We help clients coordinate with foreign counsel for recognition.
How long does an international divorce take?
Due to service, jurisdiction, and enforcement challenges, cases with an international component often take longer—sometimes a year or more—depending on the countries involved.
Why do I need a lawyer experienced in international divorce?
International divorces involve different laws, treaties, and procedures. Our law office handles these complex matters, protecting your rights, assets, and children across borders.
An international divorce presents unique hurdles, especially when one spouse has dual citizenship or resides in another country. Jurisdiction, service, and cross-border enforcement can take months to resolve. Mistakes during this process can lead to long-term financial loss or custody complications. At Altawil Law Group, we understand the emotional and legal strain of dealing with these cases, especially when you were married in one country and now live in another.
We provide strategic legal support for clients facing these global challenges. Our attorneys handle every step—from filing and serving papers to enforcing foreign judgments. Face the complexities of your international divorce with confidence. Contact Altawil Law Group today to schedule a consultation and develop a plan to protect your future.
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