Post: #1

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.

Post: #2

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.

Post: #3

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.

Post: #4

(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.

Post: #5

What would prevent her from doing the same in the country you are living in?

Post: #6

(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.

Post: #7

(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 :

Post: #8

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.

Post: #9

(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.

Post: #10

(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.

Post: #11

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?

Post: #12

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?

Post: #13

(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).

Post: #14

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.

Post: #15

(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.