Jurisdiction of Divorce

[jaquin]

What is the name of your state?What is the name of your state? Tennessee, International

My foreign wife is returning to her native country where she will file for divorce. The laws there could give her much more than a US court would. She can obtain a judgement very quickly, this will put me at a disadvantage becuase courts here in the US follow due process. What is most proper to do in this situation? I can file first, but she will get the judgement first?

What would courts follow in such cases, would they give preference to the earlier dated divorce; or would they consider the jurisdiction of where the couple lived, etc.

We both lived overseas when we got married, then we moved to Tennessee, now been here over 6 months. Please advise.

 

[LdiJ]

What is the name of your state?What is the name of your state? Tennessee, International

My foreign wife is returning to her native country where she will file for divorce. The laws there could give her much more than a US court would. She can obtain a judgement very quickly, this will put me at a disadvantage becuase courts here in the US follow due process. What is most proper to do in this situation? I can file first, but she will get the judgement first?

What would courts follow in such cases, would they give preference to the earlier dated divorce; or would they consider the jurisdiction of where the couple lived, etc.

We both lived overseas when we got married, then we moved to Tennessee, now been here over 6 months. Please advise.

You would probably be wise to file first in Tennessee. At that point TN would take jurisdiction and therefore a foreign divorce wouldn't be recognized in the US. However....depending on what country she is from, and the laws in that country, they may not accept TN's jurisdiction and may proceed with a divorce anyway....and therefore whatever results come from your divorce in TN may not be recognized there.

Its basically a sticky situation. However if you are going to be remaining in the US, and your assets are here...then you want the US to have jurisdiction.

 

[jaquin]

Yes, and listen to this

In Morocco, where my wife is from, they have religious courts for civil affairs. Unlike the stereotype in the West, women there are entitled to a heafty dowary (before and after), and get spousal support until they remarry.

Morocco is your model example of a corrupt judicial system. Basically whoever pays the judge more, wins. They also have a system where the only recognizable divorce there is one that has taken place there. This makes it difficult for their expatriates (in millions) to get divorce elsewhere -- fourtunately, I am not one.