My Last Game Book Is Here! After two years of hard work, I'm proud to release Game. Click here for full details.

Post Reply 
Does living abroad insulate you from the risks imposed by US divorce laws?
Author Message
BlueMark Offline
Chubby Chaser
**
Gold Member

Posts: 365
Joined: Jul 2017
Reputation: 13
Post: #1
Does living abroad insulate you from the risks imposed by US divorce laws?
If I marry a foreign woman and live in her country, or in a third country, am I still exposed to the risk imposed by divorce laws in the USA? E.g. can my wife just go to the USA (to the state where I have some assets) and file for divorce, and claim half of my assets?

It might seem like a dumb question at first but consider that the US taxes you on foreign income when you live abroad. So maybe it's not so far fetched that it could be possible.

Member of the Japanese MILF hunters club

"Man will always be man. There is no new man. We worked so hard to create a society that was equal, where there'd be nothing to envy your neighbour. But ... there will always be rich and poor. Rich in gifts, poor in gifts. Rich in love, poor in love." Danilov, Enemy at the Gates
04-12-2019 05:28 AM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes BlueMark's post:
KnjazMihailo
Montrose Online
Wingman
***

Posts: 618
Joined: Dec 2017
Reputation: 11
Post: #2
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
It depends where you got married and where your household was located before divorce. It can get very complicated.
In general, I think a US judge would refuse to hear a case if you got married in another country and have been living there most recently. In some cases, the place where divorce is first filed makes the decision, so you have to win the race to the court.

If there are kids and you live outside the US, the US judge will probably not take the case, which can in some cases lead to the financial divorce being settled in the US and the kids’ fate in the other country (likely in your wife’s favor because judges tend to favor their countrywomen).

So the answer is Yes she can, but you can mitigate the risk by getting married in the other country, living there, and be ready to file for divorce with a local judge if things turn sour.
(This post was last modified: 04-12-2019 05:45 AM by Montrose.)
04-12-2019 05:41 AM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes Montrose's post:
KnjazMihailo
KnjazMihailo Offline
Game Denialist

Posts: 46
Joined: Oct 2018
Reputation: 2
Post: #3
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
While i'm not exactly recommending this and it may not be the wisest thing for you to do (up to you and depends on your circumstances), you can always renounce your US citizenship and pick another one up (unless you're already a dual). That would guarantee there's absolutely no chance at all then that the US legal system, for divorces or taxes, can ever chase you again.

"And guess what, you might have a feeling that youre destined for something else, and that any day now it will dawn on you, but it will remain that, just a feeling that you use as a crutch to never focus on anything", Beirut.
04-12-2019 06:50 AM
Find all posts by this user Like Post Quote this message in a reply
BlueMark Offline
Chubby Chaser
**
Gold Member

Posts: 365
Joined: Jul 2017
Reputation: 13
Post: #4
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-12-2019 06:50 AM)KnjazMihailo Wrote:  While i'm not exactly recommending this and it may not be the wisest thing for you to do (up to you and depends on your circumstances), you can always renounce your US citizenship and pick another one up (unless you're already a dual). That would guarantee there's absolutely no chance at all then that the US legal system, for divorces or taxes, can ever chase you again.

Appreciate your input, but that's not a helpful answer. My question contains the assumption that I will remain a US citizen even while living abroad. I hope this thread doesn't go off on the tangent of how to renounce one's US citizenship, which should be a topic for another thread.

Member of the Japanese MILF hunters club

"Man will always be man. There is no new man. We worked so hard to create a society that was equal, where there'd be nothing to envy your neighbour. But ... there will always be rich and poor. Rich in gifts, poor in gifts. Rich in love, poor in love." Danilov, Enemy at the Gates
(This post was last modified: 04-12-2019 07:24 AM by BlueMark.)
04-12-2019 07:23 AM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes BlueMark's post:
KnjazMihailo
Alpha_Romeo Offline
Chubby Chaser
**

Posts: 496
Joined: Dec 2013
Reputation: 2
Post: #5
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
What would prevent her from doing the same in the country you are living in?
04-12-2019 10:05 AM
Find all posts by this user Like Post Quote this message in a reply
jimukr75 Offline
Game Denialist

Posts: 29
Joined: Sep 2018
Reputation: 0
Post: #6
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-12-2019 06:50 AM)KnjazMihailo Wrote:  While i'm not exactly recommending this and it may not be the wisest thing for you to do (up to you and depends on your circumstances), you can always renounce your US citizenship and pick another one up (unless you're already a dual). That would guarantee there's absolutely no chance at all then that the US legal system, for divorces or taxes, can ever chase you again.

That doesn't guarantee anything since they can go after non citizens. The best thing OP can do is just put his assets overseas. Local state courts have no way to seize out of country assets and there is no international law for divorce , unlike child support.
04-12-2019 03:30 PM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes jimukr75's post:
Tail Gunner
PapayaTapper Away
International Playboy
******
Gold Member

Posts: 4,716
Joined: Mar 2014
Reputation: 143
Post: #7
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-12-2019 07:23 AM)BlueMark Wrote:  
(04-12-2019 06:50 AM)KnjazMihailo Wrote:  While i'm not exactly recommending this and it may not be the wisest thing for you to do (up to you and depends on your circumstances), you can always renounce your US citizenship and pick another one up (unless you're already a dual). That would guarantee there's absolutely no chance at all then that the US legal system, for divorces or taxes, can ever chase you again.

Appreciate your input, but that's not a helpful answer. My question contains the assumption that I will remain a US citizen even while living abroad. I hope this thread doesn't go off on the tangent of how to renounce one's US citizenship, which should be a topic for another thread.

So why do want to renounce your citizenship exactly?











jk : razz

_______________________________________
- Does She Have The "Happy Gene" ?
-Inversion Therapy
-Let's lead by example


"Leap, and the net will appear". John Burroughs

"The big question is whether you are going to be able to say a hearty yes to your adventure."
Joseph Campbell
(This post was last modified: 04-12-2019 04:50 PM by PapayaTapper.)
04-12-2019 04:49 PM
Find all posts by this user Like Post Quote this message in a reply
Hypno Offline
International Playboy
******

Posts: 3,132
Joined: Dec 2016
Reputation: 33
Post: #8
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
You should ask a lawyer in your jurisdiction if you want a helpful answer.

Lets say you are from State X and move to Brazil. The short answer is if your wife sues you in State X, she would have to get jurisdiction over you and venue where she files. If you move to Brazil, they are not likely to apply the divorce law of State X. If you stay in Brazil, cool. If you got married, come home, have property, bank accounts, etc. in State X then she might divorce you in State X.

Also, your question assumes the law in your new country is more favorable than in State X. I would not assume that.
04-13-2019 06:15 AM
Find all posts by this user Like Post Quote this message in a reply
Goldin Boy Offline
Alpha Male
****

Posts: 1,335
Joined: Jan 2012
Reputation: 16
Post: #9
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-12-2019 05:28 AM)BlueMark Wrote:  If I marry a foreign woman and live in her country, or in a third country, am I still exposed to the risk imposed by divorce laws in the USA? E.g. can my wife just go to the USA (to the state where I have some assets) and file for divorce, and claim half of my assets?

It might seem like a dumb question at first but consider that the US taxes you on foreign income when you live abroad. So maybe it's not so far fetched that it could be possible.

Re:the bolded, you're conflating federal laws, with state laws. All US divorce laws are made by each US state so that's a bad comparison.

While this isn't a dumb questions, this is dumb place to ask it, a forum full of perfect strangers you've never met with dubious credentials. Even if you found a divorce lawyer on here, it doesn't guarantee he knows your state's specific laws.

Call a divorce lawyer in your state and schedule a consultation with him. It's the only way to know for sure.

(08-18-2016 12:05 PM)dicknixon72 Wrote:  ...and nothing quite surprises me anymore. If I looked out my showroom window and saw a fully-nude woman force-fucking an alligator with a strap-on while snorting xanex on the roof of her rental car with her three children locked inside with the windows rolled up, I wouldn't be entirely amazed.
(This post was last modified: 04-13-2019 09:51 AM by Goldin Boy.)
04-13-2019 09:50 AM
Find all posts by this user Like Post Quote this message in a reply
Tail Gunner Offline
True Player
*****
Gold Member

Posts: 2,027
Joined: Jan 2012
Reputation: 38
Post: #10
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-12-2019 05:28 AM)BlueMark Wrote:  If I marry a foreign woman and live in her country, or in a third country, am I still exposed to the risk imposed by divorce laws in the USA? E.g. can my wife just go to the USA (to the state where I have some assets) and file for divorce, and claim half of my assets?

It might seem like a dumb question at first but consider that the US taxes you on foreign income when you live abroad. So maybe it's not so far fetched that it could be possible.

jimukr75 already hit the nail on the head. You asked the wrong question. The question is how do I protect my assets, regardless of who is trying to get to them. Court judgments mean nothing, unless you are stupid enough to have your assets exposed.

Research flag theory: ideally, citizenship in one country; residency in another country, business in another country; assets (aside from business) in another country; playground in another country; maintain at least basic levels of privacy and secrecy.
(This post was last modified: 04-15-2019 10:35 PM by Tail Gunner.)
04-15-2019 10:34 PM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 2 users Like Tail Gunner's post:
Brodiaga, Australia Sucks
This Is Trouble Offline
Wingman
***
Gold Member

Posts: 736
Joined: Oct 2013
Reputation: 68
Post: #11
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
Possible idea...again, armchair lawyer here.

Is it possible at all to simply get a pre-nup in your country of marriage stating she is not eligible for any and all assets outside of that jurisdiction?

Blog: This Is Trouble | ROK Writer [RIP]

Free Mini Guide About Passive Income Overseas
04-16-2019 02:29 AM
Visit this user's website Find all posts by this user Like Post Quote this message in a reply
Sp5 Offline
True Player
*****

Posts: 2,623
Joined: Feb 2013
Reputation: 97
Post: #12
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
Living abroad insulates you more than living in the USA.

It depends on the nationality, independent assets and sophistication of the woman you're marrying. Your wife could not get an immigrant visa through marriage without your help. She could in theory get a student visa and maybe even a tourist visa might allow jurisdiction over her so she could file a divorce action. I think Nevada only requires four months residency in the state. Obviously any of these scenarios would require money and sophistication. If she were Japanese, S. Korean, or European she could travel to the USA and stay for a longer time, up to six months easily, and return repeatedly. But would the cost of the trip be worth the return?

There is an international compact on child support, but you would want to help your child anyways. Those and any other foreign divorce judgments can be enforced in the USA, but require a hearing in a state court with jurisdiction over your assets.

It also depends on where your assets are and how they are held. She has to find them. Are they liquid? Are they in your name, or a company name?
04-16-2019 05:00 AM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes Sp5's post:
CleanSlate
CleanSlate Offline
True Player
*****
Gold Member

Posts: 2,961
Joined: Dec 2008
Reputation: 222
Post: #13
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-16-2019 02:29 AM)This Is Trouble Wrote:  Possible idea...again, armchair lawyer here.

Is it possible at all to simply get a pre-nup in your country of marriage stating she is not eligible for any and all assets outside of that jurisdiction?

You could do that, but in these countries you think they'll hold it up when you need it to? At the same time though, how can they actually go after your assets outside of said country? The U.S. is really the only country in the world with the power to go after assets in other countries.

Also, regarding child support, look up the Hague convention. If you, a U.S. citizen, live in a country listed in the Hague convention and get married there... you could be on the hook for child support payments if you divorce and kids are involved. Spend some time googling this (there are a lot of broken links and outdated information, but you should find something).
(This post was last modified: 04-16-2019 05:01 AM by CleanSlate.)
04-16-2019 05:00 AM
Find all posts by this user Like Post Quote this message in a reply
Jaydublin Offline
True Player
*****

Posts: 1,600
Joined: Jun 2012
Reputation: 4
Post: #14
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
Just taking into account the difficulty in her finding you I think would help. Most women aren't going to put the effort into going after you.

Especially if you got married in their country. Most governments almost don't function at all. Embassies can help them a bit but if you shred whatever link she has to you then its just going to be too much for most women to take on. They will just go back into bed and watch youtube and facebook all day.
04-16-2019 09:19 AM
Find all posts by this user Like Post Quote this message in a reply
[-] The following 1 user Likes Jaydublin's post:
NoMoreTO
jimukr75 Offline
Game Denialist

Posts: 29
Joined: Sep 2018
Reputation: 0
Post: #15
RE: Does living abroad insulate you from the risks imposed by US divorce laws?
(04-15-2019 10:34 PM)Tail Gunner Wrote:  
(04-12-2019 05:28 AM)BlueMark Wrote:  If I marry a foreign woman and live in her country, or in a third country, am I still exposed to the risk imposed by divorce laws in the USA? E.g. can my wife just go to the USA (to the state where I have some assets) and file for divorce, and claim half of my assets?

It might seem like a dumb question at first but consider that the US taxes you on foreign income when you live abroad. So maybe it's not so far fetched that it could be possible.

jimukr75 already hit the nail on the head. You asked the wrong question. The question is how do I protect my assets, regardless of who is trying to get to them. Court judgments mean nothing, unless you are stupid enough to have your assets exposed.

Research flag theory: ideally, citizenship in one country; residency in another country, business in another country; assets (aside from business) in another country; playground in another country; maintain at least basic levels of privacy and secrecy.
I would of course pay my US taxes, so not so secret .But paying us taxes keeps uncle Sam at bay and keeps it from being fraud where the US does have international agreements. Divorce lawyers have been able to use international law to help them in cases where there is fraud.
However, alimony or debt is local, state jurisdiction, and they have no power to get your assets.
What you can technically do as you said, is put money in Canadian banks, and live overseas. Canada does have some agreements when it comes to debt originating from the US but it is on residents. If you aren't a Canadian resident your good to go..hopefully lol. Another think is most countries think US punitive lawsuits are excessive and they are illegal in their countries so the courts won't even entertain them.
EU banks would be better but any American can open a bank account in Canada , not so easy in EU these days. QUEBEC province I hear is the most secretive.
04-16-2019 10:46 AM
Find all posts by this user Like Post Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  Worth It Living Abroad And Working Remotely? Fitman2018 52 2,910 04-07-2019 11:23 AM
Last Post: Fitman2018
  Landlord Collecting & Depositing Rent/Tenant Payments While Living Abroad MongolianAbroad 24 3,984 04-06-2019 12:43 AM
Last Post: NoMoreTO
  How to implement the 48 laws of power in your daily interactions to suit your goals? IstillLoveVistaBaby 1 2,373 06-03-2017 09:56 PM
Last Post: Shimmy

Forum Jump:


User(s) browsing this thread: 1 Guest(s)

Contact Us | RooshV.com | Return to Top | Return to Content | Mobile Version | RSS Syndication