It is not uncommon in today's world to have international issues arise during a divorce. Issues such as the proper location to litigate a divorce, "child custody," child abduction, etc. have become increasingly relevant for many couples going through a divorce, including in Denver and throughout Colorado.

If a couple has assets outside of the US, deciding where to litigate a divorce is incredibly important. Generally speaking, couples must own property or have some sort of ties to a location in order for a court to exercise jurisdiction over divorce proceedings. Litigating a case in Colorado versus litigating a case in London can have serious implications on cost, how assets are divided, which laws govern child custody, etc.

The laws of other countries approach the issue of a divorce in very different ways from what one might expect from a court in Colorado. Some countries deal primarily in Civil law and do not have codified rules assessing how divorces should be handled. Some countries give non-working spouses very few assets in a divorce, regardless of the reasons for not working and the contributions they made to the marriage. Consultation with a lawyer familiar with the issues of international law is imperative for couples seeking a divorce when they have assets in places outside of the US.

In addition to the division of assets, issues of "child custody" and child abduction are much more complex when couples have assets in more than one country.

Along with almost all jurisdictions in the United States, Colorado has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA governs when, where, and what type of law must be used in determining child custody issues. Although the UCCJEA has been adopted by a majority of states, there are still differences between each state and it is very important to know the exact terms of the UCCJEA which govern your case and how those terms can affect child custody determinations. The UCCJEA also governs whether the laws of Colorado (or the current state) are to be used in determining child custody, or if the laws of a foreign country rule.

In addition to the UCCJEA, Colorado has also adopted the Uniform Child Abduction Prevention Act (UCAPA), and also recognizes that Hague Convention and the International Child Abduction Remedies Act (ICARA) that govern all aspects of child abduction to other countries. Understanding these acts and their ramifications are critical to a quick and speedy resolution of any Child Abduction case.

At Johnson Legal Group, our team of lawyers specialize in Family Law and are experts in International Issues that can arise during a divorce. Our attorneys recognize the complexity of these issues and always ensure that we stay up to date with current laws.

If you have questions regarding your specific case, or would like to schedule a free consultation with one of our attorneys, please call our Denver office at 303-394-3030 or fill out one of our online inquiry forms.