International Divorce And Child Custody Attorneys In San Jose

International divorce can raise issues that do not come up in a typical California case. A spouse may live in another country. A child may have ties to more than one place. The couple may own investments or real estate overseas. These issues can affect where the case is heard and what a court can decide.

For families in San Jose, California, cross-border matters can make divorce, custody and property disputes more complex. At Erickson Family Law LLP, we focus only on family law. We handle complex cases that require careful attention to California law and the places connected to the case.

Establishing Jurisdiction In International Divorce And Child Custody Cases

California has residency rules for filing for divorce. Generally, at least one spouse must have been a California resident for six months and a resident of the filing county for three months.

When a marriage involves another country, the court must first decide what parts of the case it can handle. This may include the divorce, certain assets and decisions about the children. International child custody cases can raise more questions when parents or children have ties to different states or countries.

The Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, provides rules for deciding which court may make the first custody order. California law also allows courts to recognize and enforce certain custody orders from other states and, in some cases, other countries. Our California divorce services provide a broader overview of divorce-related legal issues and representation.

Hague Convention Cases And Cross-Border Child Abduction

The Hague Convention may apply when someone wrongfully takes or keeps a child outside the child’s country of habitual residence. These cases can involve a request to return the child to that country under the convention.

A Hague Convention case usually does not decide the final custody arrangement. Instead, it focuses on whether the child should return under the rules of the convention. The laws that apply and the countries involved can affect how the case moves forward.

International Property Division And Foreign Assets

An international divorce may involve property located or held outside the United States, such as:

• Overseas investments
• Foreign real estate
• International business interests
• Financial accounts held abroad

These assets may require extra work to identify and value as part of the marital estate. California community property rules can also affect how the court treats property acquired during the marriage.

When property spans more than one country, asset division may require attention to the laws that apply to the full marital estate. A divorce attorney can help identify the legal issues that may affect property division and other parts of the case.

Discuss Your International Family Law Concerns With Us

Cross-border family law cases can involve complex questions about children, property and where a case should be heard. Our attorneys bring nearly 60 years of combined experience to family law matters. Our firm also includes California board-certified family law specialists.

If you face an international family law dispute, call us at 408-840-2393 or contact us online to discuss your situation with a lawyer.