Can I go abroad if my divorce case is still open?
When it comes to traveling while your divorce is still pending, you have a few different options. There are Travel-Limited divorces and Domestic Relations Injunctions. In addition, if you have children, you may be able to travel with them.
Travel-limited divorces
When traveling abroad, it's important to comply with all the requirements of the divorce decree. The decree should specify whether you're allowed to travel internationally and what you'll need to do before you leave. If the divorce decree does not specify the travel rules, you'll need to request court permission in advance.
To find out whether your divorce judgment will be recognized in a foreign country, you need to contact the appropriate U.S. diplomatic mission or consulate. Consular offices and embassies usually have lists of lawyers who practice in a particular country. You can also try contacting your state's attorney general for more information. If you're not sure, contact an experienced family law attorney in your area.
In most cases, divorces finalized abroad are valid in the United States if they're filed correctly. However, it's important to remember that each divorce case is different, and your divorce process may have to be modified to qualify for recognition in the U.S.
Domestic Relations Injunctions
If you're still residing in the same state as your divorce, you must follow the laws relating to the jurisdiction of the court. If your divorce case involves children, the court may issue a preliminary injunction, which may prevent you from doing certain things until your divorce case is final. The court may revoke a preliminary injunction for good cause. The party seeking a preliminary injunction must file a motion for preliminary injunction with the affidavit.
You should seek legal advice from a family law solicitor if you believe that the injunction is being breached. The injunction must be reasonable and relevant to the harassment. You can make an application in the county or High Court, depending on the circumstances. The application fee can be waived if you can't afford legal help.
Traveling with children in a divorce case
If you are traveling with your children during your divorce, you should first get your ex's consent before you leave the country. Failure to do so could lead to heavy penalties such as contempt of court or a charge of parental kidnapping. You should also contact an attorney who specializes in international custody. You should also discuss your plans with your ex in advance to determine what restrictions you will have while abroad and what your legal rights are.
Depending on the court's guidelines, you may need written consent before you leave your state or country. This is especially important if you are traveling abroad with your children. Although it is generally acceptable to travel with your children from one state to another, traveling abroad may be a more complicated process. You may even be asked to provide documentation, such as the child's passport or birth certificate. In addition, you will also need to bring a certified copy of your divorce judgment. This is important because it helps establish your parental authority. Otherwise, you may have to go back to court to resolve the travel issues.
If you have any questions, you can get a free consultation with the Best Attorneys in Utah.
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
