- INTERNATIONAL DIVORCE
An International Divorce Lawyer in New York
“International family law cases are among the most challenging areas of legal practice. They often involve proceedings in two or more countries at once, requiring careful coordination between legal systems, attorneys, translators, and courts. Jurisdictional issues are key—New York courts can only take a case if one of the parties is legally considered a resident of the state. When children live abroad, New York courts generally defer custody decisions to the courts in the child’s country of residence.”
— Elena Giannattasio | Founder, Multi-Jurisdictional Divorce
Why Are International Family Law Cases on the Rise?
Not long ago, international family law made up only a small portion of the family law landscape in the United States. But with globalization accelerating over the past few decades, cross-border relationships have become far more common. This has led to a sharp rise in international marriages—and subsequently, international divorces, child custody disputes, and prenuptial agreements.
As international families grow, so does the need for attorneys skilled in managing the legal and logistical complexities of cross-border family law.
International Law Cases Are Inherently Complex
Family law in the U.S. is regulated state by state. Even cases involving parties from different U.S. states can be complicated. But when international elements are introduced—such as foreign assets, dual citizenships, or children living abroad—the legal terrain becomes significantly more difficult to navigate.
These cases often involve:
- Differing legal systems and court procedures
- Language barriers
- Currency and tax complications
- Conflicting cultural norms
- International treaties and conventions
Strategic Representation for International Family Law Matters
If your family law matters cross international borders, Elena Giannattasio, a top woman lawyer in New York and an experienced International Family Lawyer in New York and San Francisco, offers knowledgeable and compassionate representation in complex cross-border divorces, custody disputes, and international relocation cases. With a deep understanding of global family law principles and jurisdictional challenges, Elena helps clients navigate international legal systems with confidence and clarity. Contact her today at +1 213-314-4244 or Elena@multi-jurisdictionaldivorce.com to safeguard your rights and achieve lasting resolutions for your family, wherever life takes you.
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Our Experience
Our international divorce and family law team has represented clients in matters spanning more than 30 countries.
We routinely handle cases in which one or both spouses live outside the United States—or split time between countries. Our practice includes:
- International Divorce and property division
- International Child custody and parenting plans
- International relocation and travel with children
- Hague Convention child abduction cases
- International Prenuptial and postnuptial agreements
- Cross-border business and asset disputes
The Most Common International Family Law Issues We Handle
International Divorce
Elena Giannattasio represents clients in divorce cases involving one spouse living overseas and the other in New York. These cases often involve complex financial structures and jurisdictional questions—especially where minor children are involved. We work across borders using New York family courts, international legal cooperation, and skillful negotiation to resolve these sensitive cases.
International Prenuptial Agreements
International couples planning to marry should understand how jurisdiction and residency can impact the enforceability of prenuptial agreements. With divorce laws varying widely between countries, proper planning is essential. We prepare strong, internationally viable agreements for couples planning to live abroad or with assets in multiple countries.
International Child Custody Disputes
When international couples separate and children are involved, disputes over custody and relocation can become extremely contentious. If one parent removes a child from the home country or refuses to return the child from abroad, the other parent may turn to New York courts or invoke the Hague Convention on the Civil Aspects of International Child Abduction. Our office has deep experience in navigating these highly sensitive and urgent legal matters.
International Family Law Guidance from Elena Giannattasio at Multi-Jurisdictional Divorce
Relocating overseas with children or starting a family abroad comes with complex legal risks. Elena Giannattasio, a top International Family Lawyer in New York and San Francisco, specializes in multi-jurisdictional divorce and international custody matters, guiding clients through cross-border family challenges.
For example, if a U.S. parent moves abroad with a child but later wants to return home, the other parent’s objection could trigger serious legal consequences under the Hague Convention on the Civil Aspects of International Child Abduction. Taking a child without consent can result in being forced to return them, legal fees, or even criminal charges.
Even written agreements with a spouse to trial living abroad may not be upheld in foreign courts. Elena emphasizes that custody and relocation decisions are determined by the child’s best interests, not prior agreements.
Prenuptial agreements require extra caution. A U.S. prenup may not be fully enforceable abroad. For example, English courts closely scrutinize agreements for fairness, and distinctions between marital and separate property differ from U.S. law. What seems secure in the U.S. could leave you exposed in another country.
Elena, a top woman lawyer in New York, recommends these key steps for trailing spouses:
Maintain a home address in the U.S. to preserve your domicile
Keep professional contacts active to facilitate re-entry into the U.S. workforce
Preserve networks of friends and family back home
If considering divorce while abroad, strategic planning is essential. Collect evidence, understand local laws, and consult an experienced international family lawyer. Elena, a top woman lawyer in New York, stresses never to take children abroad without the other parent’s consent, as doing so may constitute international child abduction.
Pregnant or soon-to-be parents should note that a child’s “habitual residence” is determined by the country of birth, affecting custody and relocation rights under international law. Local authorities can be helpful, but working with Elena Giannattasio at Multi-Jurisdictional Divorce ensures you navigate cross-border legal challenges safely and effectively.
Finally, there is no “international prenuptial agreement.” Prenups are country-specific and may not be enforceable in foreign courts or even in U.S. courts. Proper legal guidance from an International Family Lawyer in New York or San Francisco is essential to protect your family and assets across jurisdictions.
Want to feel secure about your future?
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