Posted on : January 18, 2018, By: Christopher Hildebrand
International Divorce in Arizona
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.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
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.
Jurisdiction and Authority of the Court in Arizona
Simultaneous Divorce in Another Country.
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.
International Divorce Arizona.
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.
Call the experienced Phoenix and Scottsdale Arizona divorce attorneys at Hildebrand Law, PC at (480)305-8300 if you are facing an international divorce in Arizona.
