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Divorce Procedure for Someone Who Lives Abroad

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  • 07-16-2014, 10:32 PM
    josh2014
    Divorce Procedure for Someone Who Lives Abroad
    My question involves a marriage in the state of: Arkansas

    My sister traveled to Africa with two children and her husband lives in the state of Arkansas.
    My brother in law brought to my attention that he was going to file to divorce my sister in arkansas.
    It looks like my brother in law wants my sister to get stuck in Africa without any child support.
    Long story short: I have two few questions:

    1. can my my brother in law divorce my sister while she is in Africa without her knowledge in the state of Arkansas?
    2. can my sister still get child support for the children while in Africa, and how are they going to enforce that?
    3. can the state of arkansas order asset division which are abroad (africa)
    4. how will my sister gets her rights to make sure she gets support?
    5. Can my sister still travel to the united states after divorce since my sister has green card and was sponsored by her husband under immigrant visa?

    Please help. The more information you provide the better.

    Thanks,
    -Josh2014
  • 07-16-2014, 11:01 PM
    Disagreeable
    Re: Divorce Procedure for Someone Who is Abroad
    1. He can file and follow court procedures for notice. I believe they allow divorce by publication if there is not a Hague Service Convention for Africa.
    2. It would be very difficult for her to do so from there. Africa is not party to the Hague Convention for CS reciprocity and Arkansas only directly recognizes about 5 countries that are already in the Convention directly.
    3. Arkansas cannot order division of assets located in Africa. (They are backward enough a local judge might try though)
    4. She needs to come back to the US if he files here.
    5.Her Green Card under marriage is good until the divorce or she qualifies to have the conditions removed. How long has she had a Green Card?
  • 07-17-2014, 04:23 AM
    llworking
    Re: Divorce Procedure for Someone Who is Abroad
    Quote:

    Quoting Disagreeable
    View Post
    1. He can file and follow court procedures for notice. I believe they allow divorce by publication if there is not a Hague Service Convention for Africa.
    2. It would be very difficult for her to do so from there. Africa is not party to the Hague Convention for CS reciprocity and Arkansas only directly recognizes about 5 countries that are already in the Convention directly.
    3. Arkansas cannot order division of assets located in Africa. (They are backward enough a local judge might try though)
    4. She needs to come back to the US if he files here.
    5.Her Green Card under marriage is good until the divorce or she qualifies to have the conditions removed. How long has she had a Green Card?

    That isn't quite right on the green card issue.

    IF her green card is conditional and she intends to return to the US to live she could very possibly get the conditions removed. If her green card is not conditional and she intends to return to the US to live then she has no problem. If she intends to live in Africa then it gets a whole lot more complicated.
  • 07-17-2014, 06:25 AM
    tex11
    Re: Divorce Procedure for Someone Who is Abroad
    Child Custody - If the children have been away from Arkansas more than six months when divorce is filed, the court will lack subject matter jurisdiction under UCCJEA to handle child custody matters.

    Child Support - Under UIFSA an Arkansas court should have personal jurisdiction over the father to issue and enforce a child support order. As long as he remains a wage earner in the U.S., the order would remain easily enforceable. The mother's response to a divorce petition should include her attorney promptly requesting a hearing to establish child support orders.

    If divorce is filed, the mother should retain an Arkansas attorney. And to that end it may be helpful for you to research local divorce attorneys in advance, contact some as needed, and get the name of an attorney for your sister to retain if divorce filed.
  • 07-17-2014, 06:48 AM
    Mr. Knowitall
    Re: Divorce Procedure for Someone Who Lives Abroad
    Is your sister in Africa for a vacation? For a job? Did she separate from her husband and permanently relocate back to Africa? How long have she and the children been in Africa?
    Quote:

    Quoting josh2014
    View Post
    1. can my my brother in law divorce my sister while she is in Africa without her knowledge in the state of Arkansas?

    He would have to establish to the satisfaction of the Arkansas court that your sister was served. If he does not know her address, that could potentially be achieved through substituted service, which could mean that she was not aware of the divorce. Also, we have no way of telling you if her husband will accurately report his knowledge or the facts of service to the court.
    Quote:

    Quoting josh2014
    2. can my sister still get child support for the children while in Africa, and how are they going to enforce that?

    If your sister seeks child support through an Arkansas divorce case, she can obtain child support. If her ex- resides in Arkansas, and support were collected through the child support agency, presumably the Child Support Office would garnish the money and mail her a check. She can investigate the details with them.
    Quote:

    Quoting josh2014
    3. can the state of arkansas order asset division which are abroad (africa)

    If both parties agree to allow the Arkansas court to divide all of their assets, no matter where located, then the court may do so. If a party with overseas assets does not follow the order, it will be necessary to take additional action in the foreign nation to try to enforce the order, and the complexity and odds of success of such an action will vary by nation.

    If the Arkansas court doesn't have jurisdiction to divide the overseas assets, the court can still consider the value of those assets when dividing the portion of the marital estate over which it does have jurisdiction.
  • 07-17-2014, 05:20 PM
    josh2014
    Re: Divorce Procedure for Someone Who Lives Abroad
    Quote:

    Quoting Mr. Knowitall
    View Post
    Is your sister in Africa for a vacation? For a job? Did she separate from her husband and permanently relocate back to Africa? How long have she and the children been in Africa?

    He would have to establish to the satisfaction of the Arkansas court that your sister was served. If he does not know her address, that could potentially be achieved through substituted service, which could mean that she was not aware of the divorce. Also, we have no way of telling you if her husband will accurately report his knowledge or the facts of service to the court.

    If your sister seeks child support through an Arkansas divorce case, she can obtain child support. If her ex- resides in Arkansas, and support were collected through the child support agency, presumably the Child Support Office would garnish the money and mail her a check. She can investigate the details with them.

    If both parties agree to allow the Arkansas court to divide all of their assets, no matter where located, then the court may do so. If a party with overseas assets does not follow the order, it will be necessary to take additional action in the foreign nation to try to enforce the order, and the complexity and odds of success of such an action will vary by nation.

    If the Arkansas court doesn't have jurisdiction to divide the overseas assets, the court can still consider the value of those assets when dividing the portion of the marital estate over which it does have jurisdiction.

    My sister went in Africa for visiting, and she has been there for one month now.
  • 07-17-2014, 05:42 PM
    Disagreeable
    Re: Divorce Procedure for Someone Who Lives Abroad
    If that is the truth, why would you be here asking about him divorcing her? Vacation should be over soon and she will back home in Arkansas.
  • 07-28-2014, 07:22 PM
    josh2014
    Re: Divorce Procedure for Someone Who Lives Abroad
    Quote:

    Quoting Disagreeable
    View Post
    If that is the truth, why would you be here asking about him divorcing her? Vacation should be over soon and she will back home in Arkansas.

    She was supposed to be back after three weeks, but her husband refused to pay for her return ticket. She didn't know if the ticket was one way, until when she asked her husband the return date. Briefly, the husband has no plan to send her ticket to come back in Arkansas. He is planning to have her continue stay there in Africa so that he can divorce/get away with child support and some other laws that might be hard to enforce if my sister is not in Arkansas. Hope this make sense.

    Thanks,
    Josh2014
  • 07-28-2014, 08:17 PM
    Disagreeable
    Re: Divorce Procedure for Someone Who Lives Abroad
    She should have taken adequate funds for emergencies. She has a problem now.
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