Which state or country decides
Affluent families frequently have ties to more than one place, a second home, a business in another state, or assets held abroad. The threshold questions are where a divorce can be filed and which court has authority over the children, the support, and the property. North Carolina requires that a spouse meet the state's residency requirement before filing here.
Custody and support across lines
When children or prior orders touch more than one state, two laws usually control. The Uniform Child Custody Jurisdiction and Enforcement Act, the UCCJEA, sorts out which state decides custody, generally favoring the child's home state. The Uniform Interstate Family Support Act, the UIFSA, governs how support orders are established, enforced, and modified across state lines.
Assets and orders abroad
Cross-border estates raise added questions, from valuing and reaching foreign accounts and property to recognizing or enforcing a foreign divorce or order. Mr. Hogan, who is also admitted in Florida for cross-border matters, coordinates these cases so that nothing important is left outside the court's view.
Speak with Mr. Hogan
If your divorce spans states or countries, early strategy protects your position. Call 704-992-3330.
Frequently asked questions
Where can I file for divorce if we live in different states?
You generally file where a spouse meets that state's residency requirement. North Carolina requires a spouse to satisfy its residency rule before filing. Where children or property are located can also affect which court decides related issues.
What law governs custody across state lines?
The Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, determines which state has jurisdiction over custody, generally favoring the child's home state.
Can a foreign divorce or order be enforced here?
Often, yes, though recognition and enforcement of foreign divorces and orders involve specific legal requirements that should be reviewed carefully.