Divorces involving a dual citizen require strategic planning, particularly when asset or parenting disputes extend beyond U.S. borders. Illinois courts have jurisdiction over property, support, and child-related issues, but enforcing these orders abroad can be challenging. If significant assets or business interests are held in another country, retaining legal counsel in that jurisdiction to work in concert with an Illinois attorney is often necessary to ensure compliance with foreign property and tax laws. Additionally, international treaties like the Hague Convention may impact asset division and support enforcement, making coordination between attorneys in both countries critical.
Parenting disputes involving a dual citizen also present heightened risks, especially if one parent intends or desires to relocate internationally. Courts may impose safeguards such as passport surrender or Ne Exeat bonds to prevent child abduction. If relocation is a possibility, the relocating parent should consult with a family law attorney in the foreign country to understand custody enforcement and parental rights under local law. A well-prepared legal strategy that accounts for international complexities is essential to protecting financial interests and parental rights while ensuring compliance with Illinois and foreign legal frameworks.
Finding an attorney with access to an international network, such as the IAFL, can be helpful in a divorce involving someone with dual citizenship.
Kathryn H. Mickelson, Equity Partner and Fellow of the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers
For more on Ms. Mickelson, please visit: https://www.beermannlaw.com/team/kathryn-homburger-mickelson/.
