Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
My question involves marriage law for the State of: Utah.
I have a German friend that is in the process of getting a divorce. Both of the parties are German Nationals, but were married in New York. My friend is currently living in Utah, but her husband has returned to Germany and has recently filed for divorce in German Court. There are no children. The husband has a very large house/estate that he got as part of an inheritance in Germany, but both of his parents are still alive. He has been in an adulterous relationship for about a year before the divorce. She has a German Lawyer, but the question is
Is there any advantage to her to file for divorce in Utah? I know that Utah normally does not consider adultery in financial matters, but I believe that there has been a recent change in the law that takes adultery into consideration when awarding alimony.
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
It's not clear from what you've shared that Utah has jurisdiction over the husband, save for the basic issuance of a judgment of divorce, that the husband has ever set foot in Utah, or that there are or have ever been marital assets within the State of Utah. Do you care to clarify?
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
My Apologies for not being clear. The Husband and the Wife were both contract Professors at one of Utah's University. They did live in Utah for at least 1 year. They do not have any marital assets in Utah beside the retirement accounts provided by the University. The Husband has returned to Germany in 2014 with his mistress. The Wife is still in Utah. Please let me know if you need any more information. I am meeting the wife later today for a support meeting and I can ask for more details then.
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
Quote:
Quoting
jmeyer191
My Apologies for not being clear. The Husband and the Wife were both contract Professors at one of Utah's University. They did live in Utah for at least 1 year. They do not have any marital assets in Utah beside the retirement accounts provided by the University. The Husband has returned to Germany in 2014 with his mistress. The Wife is still in Utah. Please let me know if you need any more information. I am meeting the wife later today for a support meeting and I can ask for more details then.
Under US law any property the husband owned that came from his family as a gift or inheritance would be separate property and therefore not subject to division in a divorce. Therefore, even if Utah could take jurisdiction of the case and somehow get jurisdiction over the property, it would do your friend absolutely no good.
Your friend to get a consult with an attorney in Utah but based on what you have described here, it doesn't appear that there would be any benefit in a Utah divorce.
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
Utah's rule on separate property is rather tyical:
Quote:
Quoting Elman v. Elman, 2002 UT App 83, ¶ 17, 45 P.3d 176 (2002)
Generally, trial courts are also required to award premarital property, and appreciation on that property, to the spouse who brought the property into the marriage.
See Dunn v. Dunn, 802 P.2d 1314, 1320 (Utah Ct.App. 1990);
see also Mortensen v. Mortensen, 760 P.2d 304, 308 (Utah 1988).
However, separate property is not "totally beyond [a] court's reach in an equitable property division."
Burt v. Burt, 799 P.2d 1166, 1169 (Utah Ct.App.1990). The court may award the separate property of one spouse to the other spouse in "'extraordinary situations where equity so demands.'"
Id. (quoting
Mortensen, 760 P.2d at 308);
see also Rappleye v. Rappleye, 855 P.2d 260, 263 (Utah Ct.App.1993) ("`Exceptions to this general rule include whether ... the distribution achieves a fair, just, and equitable result.'" (quoting
Dunn, 802 P.2d at 1320)).
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
In fact since divorce proceedings have already been opened, Utah is unlikely to proceed as primary.
Re: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
Thanks everyone for the great advice. My friend is watching this thread and I am sure that you have helped to clarify a difficult situation.