How do International Divorces Work? - Bineham & Gillen

divorceHow do International Divorces Work?

Divorces are complicated, and an international divorce is even more difficult. There are a lot of possibilities when it comes to an international divorce and a lot of questions that need to be answered.

Here are a few answers to common questions to help get the ball rolling. But remember, hiring an international divorce lawyer to help you navigate this process is the best thing you can do.

Will a divorce impact an immigrant’s green card or residency status?

This question doesn’t have an easy answer. It will depend on the status of the immigrant going through the divorce. Here are some examples of what the answer could be:

  • An individual may have conditional residency: If the spouse is a lawful U.S. citizen and you are an immigrant, a divorce could affect the legal status.
  • An individual’s status depends on their spouse’s status: If an immigrant is only gaining lawful status through their spouse, who also has a temporary visa, a divorce could affect the legal status.

What if one party in the divorce is a citizen and the other is an immigrant?

Once again, this can be a tricky question to answer. There are a lot of different factors that can go into this – such as if an individual is in the U.S. conditionally or permanently. Here are some examples of what could happen:

  • Permanent green card holder: Most of the time a permanent resident will not be affected by a divorce, and green card renewal forms do not normally ask questions regarding one’s marital status.
  • Conditional green card holder: If an individual’s green card is lawful because they are married to a U.S. citizen, their status could be affected during a divorce. This is because a divorce can cast doubt on the marriage and lead to the belief that the marriage was not entered in good faith.

What if both parties in the divorce are immigrants?

In this case, there are different factors that can go into the outcome. Where is this divorce taking place, and where did the marriage take place?

In some cases, a couple may have the ability to choose which country they file for divorce in. In this instance, it’s important to reach out to a divorce attorney to ensure both parties are getting the desired benefits.

Divorces can bring a lot of stress into a person’s life. Don’t add more stress with confusion – contact Bineham and Gillen today for a consultation.

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