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Does living abroad insulate you from the risks imposed by US divorce laws?
04-12-2019, 05:28 AM
If I marry a foreign woman and live in her country, or in a third country, am I still exposed to the risk imposed by divorce laws in the USA? E.g. can my wife just go to the USA (to the state where I have some assets) and file for divorce, and claim half of my assets?
It might seem like a dumb question at first but consider that the US taxes you on foreign income when you live abroad. So maybe it's not so far fetched that it could be possible.
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-12-2019, 05:41 AM
It depends where you got married and where your household was located before divorce. It can get very complicated.
In general, I think a US judge would refuse to hear a case if you got married in another country and have been living there most recently. In some cases, the place where divorce is first filed makes the decision, so you have to win the race to the court.
If there are kids and you live outside the US, the US judge will probably not take the case, which can in some cases lead to the financial divorce being settled in the US and the kids’ fate in the other country (likely in your wife’s favor because judges tend to favor their countrywomen).
So the answer is Yes she can, but you can mitigate the risk by getting married in the other country, living there, and be ready to file for divorce with a local judge if things turn sour.
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-12-2019, 06:50 AM
While i'm not exactly recommending this and it may not be the wisest thing for you to do (up to you and depends on your circumstances), you can always renounce your US citizenship and pick another one up (unless you're already a dual). That would guarantee there's absolutely no chance at all then that the US legal system, for divorces or taxes, can ever chase you again.
"And guess what, you might have a feeling that youre destined for something else, and that any day now it will dawn on you, but it will remain that, just a feeling that you use as a crutch to never focus on anything",
Beirut.
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-12-2019, 10:05 AM
What would prevent her from doing the same in the country you are living in?
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-13-2019, 06:15 AM
You should ask a lawyer in your jurisdiction if you want a helpful answer.
Lets say you are from State X and move to Brazil. The short answer is if your wife sues you in State X, she would have to get jurisdiction over you and venue where she files. If you move to Brazil, they are not likely to apply the divorce law of State X. If you stay in Brazil, cool. If you got married, come home, have property, bank accounts, etc. in State X then she might divorce you in State X.
Also, your question assumes the law in your new country is more favorable than in State X. I would not assume that.
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-16-2019, 02:29 AM
Possible idea...again, armchair lawyer here.
Is it possible at all to simply get a pre-nup in your country of marriage stating she is not eligible for any and all assets outside of that jurisdiction?
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-16-2019, 05:00 AM
Living abroad insulates you more than living in the USA.
It depends on the nationality, independent assets and sophistication of the woman you're marrying. Your wife could not get an immigrant visa through marriage without your help. She could in theory get a student visa and maybe even a tourist visa might allow jurisdiction over her so she could file a divorce action. I think Nevada only requires four months residency in the state. Obviously any of these scenarios would require money and sophistication. If she were Japanese, S. Korean, or European she could travel to the USA and stay for a longer time, up to six months easily, and return repeatedly. But would the cost of the trip be worth the return?
There is an international compact on child support, but you would want to help your child anyways. Those and any other foreign divorce judgments can be enforced in the USA, but require a hearing in a state court with jurisdiction over your assets.
It also depends on where your assets are and how they are held. She has to find them. Are they liquid? Are they in your name, or a company name?
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Does living abroad insulate you from the risks imposed by US divorce laws?
04-16-2019, 09:19 AM
Just taking into account the difficulty in her finding you I think would help. Most women aren't going to put the effort into going after you.
Especially if you got married in their country. Most governments almost don't function at all. Embassies can help them a bit but if you shred whatever link she has to you then its just going to be too much for most women to take on. They will just go back into bed and watch youtube and facebook all day.