Cross-border Divorce Navigator

Divorce: United StatesUnited States

Case complexity: medium. Both spouses live in United States.

Where you can divorce

United States: Jurisdiction needs state residency (usually 6 months); the intra-US forum race is real: the filing state’s rules apply.

Which law governs the divorce and the assets

English and US courts apply their own law to the divorce (lex fori) — choosing the forum means choosing the rules.

There is no marriage contract — the default regime of each country involved will apply (see the property section).

How property will be divided

United States: The state decides everything: community-property states (California, Texas, Arizona…) split acquisitions 50/50; most states apply equitable distribution at the judge’s discretion.

Children and maintenance

Child disputes are heard by the courts of the child’s habitual residence (Brussels II-ter / Hague 1996) — not by the country more convenient for a parent.

United States: No-fault everywhere; alimony ranges from strict formulas to open discretion; child support follows state guidelines.

How the divorce is recognised across borders

United States: Foreign divorces are recognised by comity when jurisdiction was proper; child matters run under the UCCJEA.

What to set up in advance

Marriage contract (prenup / postnup)

This is a first-pass orientation, not legal advice. The rules are simplified; verify the current details with a lawyer.

Contact information

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