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International Divorce in Arizona | Hildebrand Law, PC

Posted on : January 18, 2018, By: Chris Hildebrand

International Divorce in Arizona

Many attorneys indicate they understand the complexities of an international divorce in Arizona, yet many of those Arizona divorce attorneys provide little to no actual information about the difference between a simple divorce in Arizona from a simultaneous divorce in Arizona and a divorce occurring in another country.

Not understanding the specific complexities involved in simultaneous divorce proceedings in different countries can be devastating to the outcome of your divorce in Arizona and abroad. We are providing a series of articles explaining what you need to know to address an international divorce in Arizona.

An attorney must be familiar with the laws and statutes that govern divorce in Arizona. The same attorney, however, must have an understanding of the various international treaties, such as the Hague Convention Treaty, to understand how he or she can serve the divorce papers in another country, how to accumulate evidence in another country, and other factors.

Jurisdiction and Authority of the Court in Arizona

In Arizona, a court must have what is referred to as personal jurisdiction and subject matter jurisdiction over the parties and the issues in the divorce. However, a court only needs subject matter jurisdiction over just one spouse and over the children of the parties, if Arizona has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

Personal jurisdiction is required by the Arizona and United States Constitutions pursuant to the Due Process Clase. This means that a person must have sufficient minimum contacts with the State of Arizona to make it fair for him or her to have to defend a divorce in Arizona.

Arizona can obtain personal jurisdiction over a person even if they do not have minimum contacts in Arizona if they are served while visiting the state. However, some countries may not recognize such service as valid and, therefore, not recognize as valid any Arizona divorce orders entered here.

Simultaneous Proceedings in Another Country

What happens when a divorce is occurring in Arizona and another country at the same time? The legal principle of comity may be applied by an Arizona divorce court to provide for enforcement of a foreign court’s divorce decree. To be eligible for comity to apply, the proponent seeking to enforce the foreign court’s divorce decree must establish the validity of the divorce decree and that substantial notions of due process existed to enter the decree, which means the spouse received proper service of process, due process, and the foreign country had personal jurisdiction over the spouse and subject matter jurisdiction over the issues in the case.

However, there is a court of appeals decision from the State of New York wherein the appellate court upheld the New York divorce court’s dismissal of a pending divorce because of the entry of a final divorce decree issued in another country based upon comity, collateral estoppel, and res judicata.

One thing you can do to prevent this from happening to you is to seek an injunction from the Arizona court prohibiting the other spouse from proceeding with the litigation in the foreign court.

The Doctrine of Forum Non-Conveniens in International Child Custody Cases

An Arizona court and, perhaps, a foreign country’s divorce court may dismiss one of the competing divorce cases on the theory of Forum Non-Convieniens. This simply means one of the spouses to the divorce files a motion to discuss that divorce case because another court, such as an Arizona divorce court, provides a more convenient court to litigate the issues in the divorce.

If you have questions about international divorce in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce or family law case around today.

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23:51 18 Oct 18

I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did. There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business. The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing. Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers. Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund. The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently. Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land. This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card. As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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21:20 02 Apr 18

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21:53 27 Feb 18

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18:16 18 Sep 17

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06:53 27 Sep 14

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Sam Franchimone

22:09 12 Sep 13

Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

Next Reviews

International Divorce in Arizona | Hildebrand Law, PC

International Divorce in Arizona

Jurisdiction and Authority of the Court in Arizona

Simultaneous Proceedings in Another Country

The Doctrine of Forum Non-Conveniens in International Child Custody Cases

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