Cases which cross national borders are the most complex for the practitioner.  Because the laws of countries differ and the ability of a country to determine the rights of its citizens is jealously and zealously guarded, it is important to understand the law of each country involved and its application.

In some cases, treaties exist which will aid in determining the proper forum and choice of law. (see, for example, the Hague Convention). In other cases, there is little or no guidance. 

At Bender Law Offices we have had experience in dividing assets in foreign countries as well as obtaining divorces for foreign nationals. Many times these matters require the joining of foreign counsel and contact with consular offices.  Even if an order is obtained in the United States it can be difficult or impossible to enforce the order in another country. Similarly, orders obtained in foreign countries are not automatically afforded full faith and credit in the United States.

For example, the “quickie” Dominican Republic divorce is not recognized in North Carolina nor in most other states. However, a Dominican Republic divorce between two Dominicans is usually recognized.  A foreign divorce cannot, in most cases, be used to cut off rights to equitable distribution or other rights which may exist within North Carolina. 

If you have a case which involves these issues, it is important that you find experiences legal counsel in both countries. We can help you through the process and guide you every step of the way.