The Enforceability Gap: Why Your International Divorce Decree Might Be “Just Paper” Abroad

By: Norka M. Schell, Esq.

Strategic Insights from the Law Offices of Norka M. Schell, LLC

When you are divorcing a foreign national, securing a favorable judgment in a United States court is a significant milestone—but it is only half the battle. If your spouse resides in another country or holds significant assets overseas, your final divorce decree is only as powerful as your ability to enforce it across borders. Without a meticulous procedural foundation, you may find that your U.S. judgment is viewed as “just a piece of paper” by foreign authorities, leaving you without the support or property you were awarded.

At the Law Offices of Norka M. Schell, LLC, we understand that international family law requires a global strategy. We build enforcement into your legal plan from day one to ensure that the “Enforceability Gap” does not jeopardize your future.

The Critical Role of the Hague Service Convention

The most common reason a foreign court refuses to recognize a U.S. divorce is Improper Service of Process. Many litigants make the mistake of assuming that if they follow local state rules—such as service by certified mail or a local process server—the service is valid. However, if your spouse lives in a country that is a signatory to the Hague Service Convention, you must follow specific international protocols.

If the foreign court determines that your spouse’s due process rights were violated because they were not served according to treaty standards, they may rule your entire U.S. decree invalid. Norka M. Schell meticulously manages these international requirements, ensuring that every document is translated, processed, and served through the appropriate “Central Authority” to make your judgment “world-ready.”

Bridging the Gap Through the Principle of Comity

To make a U.S. order legally binding in a foreign nation, we rely on the legal principle of Comity. This is the voluntary recognition by one nation of the legal acts and decrees of another. Because comity is not guaranteed by a universal global treaty for divorce, foreign courts will scrutinize your U.S. case for three critical factors:

1. Proper Jurisdiction: Did the U.S. court have a legitimate legal basis to hear the case, such as the habitual residence of the parties?
2. Due Process: Was the defendant given formal notice and a fair opportunity to defend themselves?
3. Public Policy: Does the U.S. order align with the fundamental legal values and moral standards of the foreign nation?

By anticipating these questions during the initial filing stage, Norka M. Schell positions your case to withstand the scrutiny of foreign judges.

Domesticating Your Judgment to Reach Foreign Assets

A U.S. judge has “contempt of court” powers within their own jurisdiction, but they cannot simply order a bank in London or a land registry in Tokyo to freeze an account. To reach those assets, the judgment must be “domesticated.”

This is a secondary legal process where we petition the foreign court to adopt the U.S. order as its own. Once domesticated, the decree grants local authorities the power to:

• Garnish foreign wages and pension distributions.
• Place legal liens on overseas real estate and luxury property.
• Freeze international bank accounts and investment portfolios.

Strategic Asset Protection and Equitable Offsetting

In some cases, a foreign jurisdiction may be “non-cooperative,” making domestication difficult. When we identify these risks early, Norka M. Schell utilizes a strategy known as Equitable Offsetting. Instead of struggling to seize a house in a non-compliant country, we advocate for the court to award you a larger share of U.S.-based assets—such as the family home or domestic retirement accounts—to balance the total value of the marital estate.

Secure Your Global Future Today

In international family law, a procedural mistake made at the start of your case can haunt you for years. Whether you are dividing complex marital property or seeking long-term alimony and child support, you need a firm that looks beyond the local courthouse.

Contact the Law Offices of Norka M. Schell, LLC today. We provide the sophisticated, high-level counsel necessary to ensure that your divorce decree is respected, recognized, and enforced, no matter where in the world your interests lie.