Divorce Mediation for People Who Are Resident in More Than One Country
Disclaimer: This article does not constitute legal advice. Please consult with an experienced
legal professional for advice on your individual situation
In the era of remote work, people often find themselves living and working in locations different
from their home country. While this lifestyle can be liberating for some, it can introduce complex
issues when it comes to legal matters such as divorce.
Globetrotting Divorces: What Are the Challenges?
Tax Issues
The concept of “tax domicile” is an important one for people who work abroad or who may live
and work in more than one place. Juggling between countries for work and residence can
complicate tax filings and exemptions. Important things to discuss with a divorce and tax
professional include international tax treaties, tax exemptions and any issues with capital gains
or gift tax that could be treated differently due to your international work or residence status.
Cross-Border Property Division
Dividing international assets involves understanding the different rules for property division in
different countries. Mistakes in the division process can lead to penalties. Whether it’s splitting
retirement accounts, transferring real estate titles, or managing foreign trusts, each jurisdiction
will do things differently. The advantage of pursuing international divorce mediation is that you don’t need court orders to divide your property. Cross-border jurisdiction is complicated and often cannot
be enforced. Divorce mediation allows for consideration of foreign property division rules without
going through a convoluted legal process in court to get permission to do so.
The Need For Remote Divorce
Traditional divorces require the physical presence of petitioners for court hearings. Opting for
mediation allows remote workers to conduct sessions online with a neutral mediator and their
spouse.
Citizenship and Residency Impacts
Your legal status as a citizen or resident in any given country will influence tax filings,
exemptions, and property division obligations in your divorce. It’s important to seek advice from
international divorce mediators, divorce professionals and international tax experts who have experience in these matters and can guide you when it comes to the impact of divorce on Visa
status, residency or on any tax obligations.
International Child Custody
International child custody negotiations must be compliant with national and international laws.
Agreements must prioritize the best interest of the child, as set out by US and international
courts. These issues can cause a lot of heartache and conflict and divorcing spouses need to
negotiate delicately and respect laws and rules that could impact the divorce and children’s
wellbeing.
Global Divorce Mediators
At Santa Clara Divorce Mediation, we specialize in working with individuals residing in multiple
countries. Whether you travel frequently or split your time between the US and abroad, our
expertise is geared to the challenges posed by complex assets in multiple countries.
Our approach involves a thorough analysis of your financial situation. We combine legal
expertise, international tax expertise, and financial modeling to help you to create a roadmap for
your divorce, including handling documentation and providing support throughout the process.
We offer in person consultations at our offices in San Diego, CA, Silicon Valley, and Berkeley,
CA. For those preferring remote sessions, our confidential mediation services are a stress-free
way to conduct a divorce from wherever you are based. Contact us to learn more about our remote divorce mediation services
