Pros and Cons of Foreign Divorces for Tennessee Military Families

Foreign Divorces for Tennessee Military Families

Foreign Divorces for Tennessee Military Families

Tennessee military foreign divorce issues include Navy, Army, Marines, Air Force and Coast Guard concerning service members stationed at the Naval Support Facility Mid-South near Millington, Tennessee, Fort Campbell, an army base that straddles the Tennessee and Kentucky border and their families living in the Memphis, Germantown, Collierville, and Bartlett areas.

Pros and Cons of Foreign Divorces for Tennessee Military Families

Here’s a good rule of thumb when it comes to a member of the military or his or her spouse thinking about getting a foreign divorce: Don’t even think about it.

Lawyers who’ve tried to help members of the military or their spouses who’ve gotten “quickie” divorces out of the country, say in Mexico, the Dominican Republic, or Germany, will be quick to tell you that it can open up a large-sized basketful of problems that can take a lot of time and money to solve.

The big problem is that unless at least one of the parties is a legal resident of the foreign country, the divorce will not be recognized in the United States because the courts in that country don’t have jurisdiction over the matter.  Some countries allow for “mail-order” divorces, not requiring either party to show up for divorce proceedings, but these won’t be recognized in any state.

If both parties in the divorce agree about getting their divorce abroad, it could be later recognized in the United States, but if, say, a German or a Mexican court has awarded alimony to the nonmilitary spouse, how can that foreign court enforce the matter?

There are international rules and regulations (the Uniform Child Custody Jurisdiction and Enforcement Act) that can govern, say, whether the State of Illinois upholds a German court’s award of custody or child support, but states will carefully scrutinize a foreign divorce and could refuse to recognize it or enforce it if it doesn’t meet some pretty strict and stringent guidelines.

If you’ve gotten a foreign divorce or were the “respondent,” whether or not you knew about it, in a foreign divorce, check with an attorney as soon as you can. Otherwise, you might find out only years from now that a pension or a settlement of marital assets you were counting on won’t be coming your way because your divorce isn’t considered valid in the United States or its decrees aren’t enforceable.

This could require another divorce proceeding, one in the states, and you or your ex may have moved on, gotten remarried, perhaps with children. Such a situation could radically change the future you thought was secure.

So if you’re contemplating a foreign divorce, military or no, refer to the Don’t even think about it line at the beginning of this blog. Talk to a divorce lawyer about the potential pitfalls and trouble you could avoid by initiating or agreeing to one.

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Since 1995, as part of the American Bar Association Family Law Section’s Military Pro Bono Project, Miles Mason, Sr. has volunteered to serve as an attorney on the Operation Stand-By list, supporting military families by answering legal questions from members of the Judge Advocate General’s Corps from around the world on Tennessee family law and military divorce involving service members and their spouses.

For more information about divorce planning, download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce or, purchase The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, available on Amazon and Kindle.  Memphis divorce attorney, Miles Mason, Sr., practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC.  To schedule your confidential consultation, call us today at (901) 683-1850.

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