Did you tie the knot in the States, but now find yourself stationed in Okinawa and considering a divorce? You’re not alone. Many US citizens find themselves navigating the legalities of divorce abroad. Here at Dave Higgins Office, we understand the complexities of international family law. Today, we’ll discuss how a US citizen divorce finalized in Okinawa can be recognized back in the States.
The Power of the Hague Convention
The good news is that the United States is a party to the Hague Convention on Choice of Court Agreements in Matters Relating to Matrimonial Responsibility. This international treaty simplifies the process of having a foreign divorce recognized in the US, provided certain conditions are met:
- Both spouses are US citizens: The Hague Convention applies only to divorces between citizens of member countries.
- No residency requirement in Okinawa: Neither spouse needs to be a resident of Okinawa for a specific period.
- Fairness and Due Process: The Okinawan court must have had jurisdiction over the case and afforded both parties a fair hearing.
Taking the Next Step: Registration
Once your Okinawa divorce is finalized, you’ll need to register it with a state court in the US. This process varies slightly by state, but generally involves filing a certified copy of the Okinawan divorce decree, along with a completed registration form.
- Child Custody or Support: If your divorce involves child custody or support arrangements, these can be agreed upon prior to filing the divorce with a parenting plan and a child support commitment stated on the final divorce decree.
- Property Division: Similarly, if your divorce decree divides property located in the US, these can be agreed upon prior to filing the divorce and as part of the agreement.
Contact Dave Higgins Office Today
At Dave Higgins Office, we understand the challenges you face. Our experience can guide you through the intricacies of a US citizen divorce finalized in Okinawa. Contact us today for a consultation and peace of mind as you move forward.