Jurisdiction

FLORIDA
Dear sir:

I'm a US citizen living in Florida and my wife is a legal resident of Florida, we have agreed to file for divorce.
As I'm also bi-national ( Ecuadorian citizen) and lived abroad most of my life, I own a property in Ecuador that was built on a lot I inherited from my mother while I was married.
My question refers to how should I proceed with the divorce and jurisdiction.
Would a foreign divorce (local jurisdiction) be appropriate considering that I have property in Ecuador and if not, what jurisdiction applies to the distribution of assets which I have in Ecuador?

Thank you

ameneses54 said:

FLORIDA
Dear sir:

I'm a US citizen living in Florida and my wife is a legal resident of Florida, we have agreed to file for divorce.
As I'm also bi-national ( Ecuadorian citizen) and lived abroad most of my life, I own a property in Ecuador that was built on a lot I inherited from my mother while I was married.
My question refers to how should I proceed with the divorce and jurisdiction.
Would a foreign divorce (local jurisdiction) be appropriate considering that I have property in Ecuador and if not, what jurisdiction applies to the distribution of assets which I have in Ecuador?

Thank you

Click to expand...

I'm not an attorney, but it seems to me that with both of you living in Florida, even if you try to file outside the US, your wife will file in FL where she clearly could get jurisdiction. Then, even if you can legally file outside the US, you get into a legal battleground and will end up spending a fortune on attorneys to try to straighten the mess out.Seems to me that it's better to keep it in FL where there are no expensive jurisdictional battles to be fought.

At that point, you have a reasonable argument about whether the house is marital property. I don't have any idea how that will play out, but the courts will rule as they will, so why start out on the wrong foot by making them think you're trying to hide assets or take something you're not entitled to. If it does end up back in FL, you're dealing with a judge who's upset that you're trying to rip off your wife.

I'd consult with a local attorney on whether the house meets the standards for being a marital asset. Once you know the answer to that, you're in a position to negotiate (with a mediator, if necessary) a settlement which you can present to the judge.