Interstate and International Matrimonial Matters
Marriage is not always a simple process that occurs between two individuals that live in the same state. Instead, there are a variety of factors that can raise that make marriage complex. When these types of situations arise, it is a wise idea to consult with a seasoned and knowledgeable lawyer regarding the intricate laws relevant to complicated marriages. This article will discuss three separate topics: interstate matrimonial matter, international matrimonial matters, and complex matrimonial matters.
Interstate Matrimonial Matters
Marriage between individuals from two different states is particularly complicated in issues like child custody and divorce when one spouse locates to another state. Parties who move out of state might be uncertain where to initiate a divorce proceeding while other parties might be unsure where to file a paternity or child custody case after moving to a new state. Often times, different laws from different states might apply to separate aspects of a case. For example, one set of rules might determine the dissolution of a marriage, while another set of laws might determine the financial outcome of the case. Interstate custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, while interstate child support jurisdiction is governed by the Uniform Interstate Family Support Act.
International Matrimonial Matters
International marriages occur when one party is from a country different than their spouse. These types of marriages create a complicated set of issues for the involved parties including the recognition of the marriage, requirements for residency of one of the spouses, and in the event the marriage does end, different requirements. There is some essential information to know concerning international matrimonial matters.
The Definition of “International” In A Matrimonial Context
Even application of the word “international”, however, can be difficult because it is uncertain how to classify marriages where one of the spouses hold dual-citizenship including citizenship in a country where the other spouse was born.
The Validity of International Marriages
So long as a marriage meets the requirements in the country where the marriage occurred, then the marriage is also considered valid by the United States Citizenship and Immigration Services. If one spouse does not have citizenship in the United States, however, managing to stay in the United States may present a substantial problem.
“Insincere” Marriages
There is also a substantial obstacle presented by the test conducted by the United States Citizenship and Immigration Services concerning the search for “insincere” marriages or marriages in which foreign-born spouses enter into marriages solely for the purpose of obtaining a green card. A green card is presented at the two-year anniversary of a marriage. The possession of a green card allows a foreign-born spouse to leave the marriage while retaining residency in the United States. International divorce is also complicated, particularly when each spouse wishes to protect certain assets. The determination of property division differs vastly from the United States law in certain countries.
Resources for Interstate and International Matrimonial Matters
Uniform Child Custody Jurisdiction and Enforcement Act
http://www.uniformlaws.org/ActSummary.aspx?title=Child%20Custody%20Jurisdiction%20and%20Enforcement%20Act
Uniform Interstate Family Support Act
ncsea.org/…uploads/2012/02/UIFSA_2001.pdf
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