Legal Question in Family Law in Pennsylvania
Divorce Jurisdiction and Validity
I and my wife are here on temporary work visa and my wife filed for a divorce. I and my wife are not citizens nor green card holders. I would want the divorce in my home country. Is it possible to transfer the Divorce action to my home country or initiate it there? If I do initiate the action in my home country then what would happen to the divorce here.
1 Answer from Attorneys
Re: Divorce Jurisdiction and Validity
It's highly fact specific. Any information I could provide here may be totally inapplicable to your situation because of the variety of laws and treaties involved.
In order to change jurisdiction, both parties must agree to the change of jurisdiction. If both parties do not agree then a later begun proceeding in the foreign jurisdiction would be stayed until the conclusion of the local proceeding. Generally the prior action would be given prejudicial effect in the other jurisdiction.
There are many other solutions that will not only achieve the results you seek but can take advantage of the hand you have been dealt. I have worked on some of these types of matters and think I can be of help.
I would be happy to speak with you about this or any other legal matter. Please contact me to arrange an appointment.
Roger Traversa