International Divorce & Family Law Specialist

Strategic Advocacy for Cross-Border Legal Challenges

Law Offices of Norka M. Schell, LLC

When your marriage, assets, and children cross international borders, domestic legal strategies are not enough. You need an attorney who understands the intersection of foreign statutes, U.S. law, and international treaties.

Norka M. Schell provides sophisticated, aggressive representation for clients navigating the complexities of divorcing a foreign national. We ensure that your global interests are protected, no matter where in the world they are located.

intricacies of the global legal map.

Contact the Law Offices of Norka M. Schell, LLC at (212)258-0713 today for a confidential consultation.

Why International Divorce Requires a Specialist

A divorce involving a foreign national is fundamentally different from a domestic filing. A single mistake in choosing a jurisdiction or serving notice can result in the loss of property rights or, worse, the loss of access to your children.

1. The Strategic Choice of Jurisdiction

The “Race to the Courthouse” is real. The country that hears your divorce will decide your financial future. Norka M. Schell expertly analyzes:

• Habitual Residence vs. Domicile: Determining where you have the strongest legal foothold.
• Forum Non-Conveniens: Preventing your spouse from moving the case to a country that favors their interests over yours.
• Citizenship Impacts: How your or your spouse’s nationality influences court authority.

2. High-Stakes International Asset Division

Hidden accounts, foreign real estate, and offshore businesses require a firm with global reach. At the Law Offices of Norka M. Schell, LLC, we manage:

• Asset Tracing: Working with forensic experts to locate property worldwide.
• Judgment Domestication: Turning a U.S. court order into an enforceable document in a foreign country.
• Equitable Offsetting: Securing a larger share of domestic assets when foreign property is out of reach.

Protecting Your Children: Global Custody Solutions

International child custody is governed by a strict set of rules that most domestic lawyers rarely encounter. We specialize in:

• The Hague Convention: Immediate legal intervention to return children wrongfully removed from their home country.
• Mirror Orders: Creating “legal duplicates” of your custody agreement in multiple countries to prevent parental abduction.
• Travel Safeguards: Drafting enforceable stipulations for international visitation to ensure your children return home safely.

Enforcement of Foreign Decrees & Support

If you are seeking to enforce a foreign alimony or child support order—or if you need to challenge an unfair decree issued abroad—we apply the principle of Comity. We ensure that any order recognized by the court meets strict standards of Due Process and Public Policy.

The Norka M. Schell Advantage

International family law is not just a practice area for us—it is our specialty. We provide:

• Multi-Jurisdictional Strategy: We look at the “big picture” across all involved countries.
• Treaty Expertise: Deep knowledge of the Hague Convention and international recovery of support.
• Cultural Competence: Understanding the nuances of dealing with foreign legal systems and diplomatic channels.

International Family Law: Frequently Asked Questions

Expert Guidance from the Law Offices of Norka M. Schell, LLC

Navigating a divorce or custody dispute across international borders is complex and often time-sensitive. Below, Norka M. Schell answers the most common questions regarding global family law to help you understand your rights and the strategic steps necessary to protect your interests.

1. Does it matter where I file for divorce first?

Yes. In international family law, the “Race to the Courthouse” is often decisive. Many countries follow a “first-in-time” rule, meaning the first court to be petitioned may claim jurisdiction. Since laws regarding alimony, child support, and asset division vary wildly between nations, filing first in the most favorable jurisdiction can significantly impact your financial future.

2. Can I get a divorce in the U.S. if my spouse lives in another country?

Generally, yes. You can typically file for divorce in the U.S. if you meet the residency requirements of your specific state. However, the challenge lies in Service of Process. To ensure the U.S. judgment is enforceable abroad, your spouse must be served according to international treaties, such as the Hague Service Convention. Norka M. Schell ensures all procedural steps are followed so your decree remains valid globally.

3. What is the Hague Convention, and how does it protect my children?

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty between over 100 countries. It is designed to secure the prompt return of a child who has been wrongfully removed from their country of “habitual residence.”

• Important: The Hague Convention does not decide who gets custody; it decides which country has the authority to hear the custody case. It acts as an emergency “reset button” to return the child to their home jurisdiction.

4. How are assets in foreign bank accounts or overseas real estate divided?

Dividing global assets requires a two-step approach:

Enforcement: Since a U.S. court may not have direct power over foreign land or banks, we often utilize “offsetting.” This involves awarding the client a larger share of U.S.-based assets to compensate for the value of the foreign property.

Is a divorce decree from a foreign country valid in the United States?

Under the legal principle of Comity, U.S. courts will generally recognize a foreign divorce decree if:

1. The foreign court had proper jurisdiction over the parties.
2. Both parties were given adequate notice and an opportunity to be heard (Due Process).
3. The decree does not violate the fundamental public policy of the U.S. state where recognition is sought.

6. Can I prevent my spouse from taking our children out of the country?

If you fear a risk of international abduction, we can petition the court for emergency preventive measures, including:

• Passport Seizure: Requiring the surrender of the child’s (and sometimes the parent’s) passport to the court.
• Mirror Orders: Requiring a foreign court to issue an identical order before travel is permitted.
• Port Alerts: Notifying federal authorities and airlines of a travel restriction.

7. Why do I need a “Global” Prenuptial Agreement?

A standard domestic prenuptial agreement may be dismissed by a foreign court. An international prenuptial agreement drafted by Norka M. Schell includes “Choice of Law” and “Jurisdiction” clauses designed to be enforceable in multiple countries. We often coordinate with counsel in your spouse’s home country to ensure the document meets the specific legal formalities of both nations.

Secure Your Global Interests Today

In international law, delay is often the greatest risk. Ensure your case is handled by a firm that understands the intricacies of the global legal map.

Contact the Law Offices of Norka M. Schell, LLC today at 212-258-0713 for a confidential consultation.