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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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Chris Hildebrand wrote the information on this page about international divorce in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

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13:11 05 Apr 19

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23:51 18 Oct 18

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21:20 02 Apr 18

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.

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21:53 27 Feb 18

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A Google User

16:03 22 Nov 17

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.

A Google User

21:41 07 Nov 17

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.

A Google User

18:16 18 Sep 17

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

Lindsay Donoian

06:53 27 Sep 14

I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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

More Articles About Divorce in Arizona

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