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  1. #1
    Join Date
    May 2014
    Posts
    1

    Default Dividing Foreign Assets in a U.S. Divorce

    My wife, she is an American citizen and hold both United States and Taiwan dual citizenship. Myself only have Taiwan citizenship.
    In short,
    we married in Taiwan and only registred in Taiwan.
    This was a foreign marriage now deal with divorce and dual citizenship.

    On the "division of property", My concern is how it actually works?

    If i provide counsel with copies of foreign marriage certificates,
    divorce decrees and copies of foreign laws concerning divorce,
    hire an attorney to handled the divorce.
    On these facts, what is my chances to file the splitting up marital estate case in United States?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dividing Foreign Assets in a U.S. Divorce

    If you qualify for a U.S. divorce based upon your meeting the residency requirements of the state in which you are divorcing, you can divorce in that state. If your ex- wishes that court to litigate issues of foreign assets, you can litigate those issues in a U.S. divorce. If not, odds are you're going to have to hold a subsequent or ancillary proceeding in Taiwan to address the division of marital assets in Taiwan. Also, even if your ex- agrees to U.S. jurisdiction over the division of property, and even if you get a U.S. consent judgment, if your ex- opposes your enforcement of the judgment in Taiwan you would have to involve the Taiwanese legal system to try to enforce the judgment -- those are issues to discuss with a lawyer in Taiwan.

    If you meet the residency requirements to divorce in the U.S., you can get a divorce in the U.S. even if you don't address overseas assets, thereby qualifying you to remarry -- but you would have to discuss with a lawyer in Taiwan the extent to which that nation would recognize your divorce judgment and (if there's an issue) remarriage.

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