When a family, its assets, or its children span more than one country, a divorce becomes more complex. Bespoke Law represents clients in Colorado divorce and custody matters that involve other countries, including questions of where a case should be filed, property and accounts held abroad, children who live or travel internationally, and orders that need to be recognized across borders. When a matter involves the law of another country, we work alongside counsel in that country.
Where a case should be filed
In international matters, the first strategic question is often where to file. Different countries apply different rules to property, support, and children, and the court that hears the case can shape the outcome. Colorado requires at least one spouse to have lived in the state for 91 days before filing a divorce here. We help clients understand whether Colorado is the right forum and how proceedings elsewhere may affect their options.
Children across borders
Custody cases involving more than one country are governed by specific rules about which court has authority over the children, generally based on where a child has lived. The Hague Convention on the Civil Aspects of International Child Abduction provides a process for seeking the return of children wrongfully removed to or kept in another member country. Parenting plans for internationally mobile families should also address travel, passports, and safeguards against a child being taken abroad without consent.
Assets abroad
Foreign bank accounts, real estate, businesses, and trusts must be disclosed, valued, and divided, and an order dividing them is only useful if it can be carried out where the asset sits. These cases often involve coordination with tax advisors, valuation experts, and lawyers in other countries.
Recognizing and enforcing orders from other countries
A divorce decree or support order entered in another country may need to be registered and recognized in Colorado before it can be enforced here. Likewise, a Colorado order may need to be recognized abroad. Support orders across borders often involve additional procedures for registration and enforcement.
Marital agreements for international couples
Couples with ties to more than one country benefit from prenuptial and postnuptial agreements that anticipate where they might live and where a dispute might be heard. We draft and review these agreements with an eye on how they will be treated in each relevant jurisdiction, in coordination with foreign counsel.
Counsel for lawyers outside the United States
We also advise lawyers in other countries who need guidance on Colorado law for a matter they are handling, including how a Colorado court is likely to view a particular issue.
Frequently asked questions
Can I file for divorce in Colorado if my spouse lives in another country?
Often, yes, if you meet Colorado’s residency requirement and other jurisdictional rules are satisfied. Whether Colorado is the best place to file is a separate strategic question worth discussing before you file.
What happens if my child is taken to another country?
If the other country is a member of the Hague Abduction Convention, there is a legal process for seeking the child’s return. Acting quickly is important.
Can a foreign divorce decree be enforced in Colorado?
In many cases, yes. A foreign decree or support order can be registered and recognized in Colorado, after which it may be enforced here.
Do you advise on the law of other countries?
We advise on Colorado law. When a matter involves the law of another country, we work alongside qualified counsel in that country.
Bespoke Law offers curated legal solutions for individuals navigating complex and high-stakes family law matters in Colorado. Begin a confidential inquiry or call 720 500 8660.