Newly elected President Joe Biden has promised significant changes in the area of immigration law under his presidency. Many of Biden's stances on immigration are in direct conflict with the most recent four years under the Trump administration. Under President Biden's plan to welcome and embrace immigrants, the potential for increased immigration will also likely include increased international divorces.
Biden's Immigration Proposal
President Biden has backed a sweeping immigration bill called the U.S. Citizenship Act of 2021, aiming to modernize the U.S. immigration system. Some of the proposals in this plan that can impact international divorces include:
- Raising the yearly cap of employment-based immigrants
- Granting permanent residence to individuals who have had an immigration petition for 10 years
- Raising the yearly cap of diversity green cards
- Granting permanent residence to international students with PhDs from U.S. universities
While this bill is yet to be acted on by Congress, the intention of the Biden administration is clear. President Biden aims to make the U.S. immigration system more efficient and friendly to immigrants. As our country becomes an even bigger melting pot, legal issues such as divorce and cross borders increase.
When an International Divorce is Appropriate
Most divorces involving U.S. citizens stay entirely within U.S. borders as couples don't typically have a reason to seek an international divorce. There are a few specific reasons why a couple may want or need to file a divorce internationally. Some of the most common reasons for filing an international divorce include:
- You live in another country
- Your spouse lives in another country
- You both live in another country
- You own property in another country
- Possible child custody issues across borders
- You and your spouse got married in another country
These are not all of the reasons why couples seek an international divorce. If you have questions about your potential international divorce case, it is important to seek the advice of an experienced professional.
The Laws That Govern International Divorce
In most cases, you will find that more than one country can hear and decide a divorce case. Each country's rules and divorce laws differ, so it is crucial to choose the jurisdiction that is most advantageous to your situation. Some of the most critical issues to consider when deciding where to file your international divorce case include:
- Issues related to property division
- Child custody issues
- Enforcing court orders
To make sure that divorce court orders are followed internationally, the United States, along with more than 75 other countries, are members of the Hague Conference on Private International Law. This organization has a special section for divorce to ensure that international divorces are legally recognized across all member countries.
Get Professional Assistance
To schedule a consultation with an experienced divorce attorney who can help answer your questions related to international divorces, call (704) 302-1991 or contact us online. We are conveniently located in both Shelby and Gastonia, NC.