Full question:
I am living in China as an expatriate. I am on assignment for my job that will last for two years; I have been here for six months. My wife and son (11) are living in Nampa, Idaho. I want to divorce my wife. Are there any special considerations due to my circumstances?
- Category: Divorce
- Subcategory: International
- Date:
- State: Idaho
Answer:
The plaintiff in an action for divorce in the State of Idaho must have been a resident of the state for at least six (6) full weeks immediately prior to the filing of the action for divorce. Overseas divorce is a complicated matter and advice from a lawyer who specializes in international divorce matters should be sought.
Advice will be needed in areas such as:
-jurisdiction, including the impact of admissions of residence and domicile on any tax planning or nationality
-applicable law
-the grounds for divorce and any prior period of separation
-likely financial orders
-disclosure requirements
-enforcement, in that jurisdiction and abroad
-procedure followed
-likely arrangements for children
-availability of legal aid
-publicity and confidentiality
-the projected time line for the proceedings
-projected legal costs
Taking children abroad without consent is known as child abduction. If children are taken abroad for a holiday with the other parent's consent and then not returned, it is a child abduction. Child abduction is a criminal offense. Many countries across the world, including China, have signed the Hague convention on child abduction. Members of the Hague Convention cooperate with each other for the return of children. The parent whose child has been abducted is invariably entitled to free legal representation in the other country for the child's return.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
