Forum shopping is a lesser-known and often frowned upon term in legal circles, but this nuanced legal issue is often much more than it appears. In essence, forum shopping is the act of choosing between various jurisdictions, or forums, to find the court that is most likely to be favorable to the individual’s case. Evaluating and assessing each jurisdiction when there are multiple options available could dramatically influence a case, as each jurisdiction may have different specialties or unique nuances. These differences can be incredibly pronounced when the jurisdictions lie in different states, territories, and countries.
While forum shopping may have a negative connotation in many legal circles, due to the opportunity for less-than-scrupulous individuals to take advantage of the system, international divorce is one situation in which accounting for forum shopping can be valuable. International divorce is often complex because the legal systems of different countries are incongruent, and the differences between these systems can pose unique legal challenges. When divorcing overseas, forum shopping may help clarify which jurisdiction to bring the case to. Understanding international law and choosing the correct jurisdiction could influence not only the outcome of the case but also its validity in other territories or countries.
However, the connections and conflicts between local and international divorce laws can be overwhelming. A skilled Virginia divorce attorney may be able to assist in navigating these challenges. Consider scheduling a consultation at (571) 626-7389 to learn more.
What is Forum Shopping?
According to Cornell Law School, forum shopping is the act of pursuing a claim in the jurisdiction that the individual believes will yield the most favorable result. Forum shopping is only an option if there are multiple jurisdictions in which the case could be heard, such as an issue that spans across state lines or an international divorce. Because each court processes claims differently and each territory or country may have its own statutes governing the issue, one court may be more beneficial than another. In some cases, this can be seen as a violation of the ethos of the court system. As most judicial systems are designed so that similar cases will yield similar results, regardless of the court in which they are tried. However, due to intrinsic differences in process, this cannot always be the case. While some may use this to a negative end, it is an important factor to consider in international divorce due to the vast differences in legal systems across countries.
Benefits
One of the key benefits of forum shopping is the increased ability to predict the outcome of a case. By understanding the intrinsic differences of each court system, one can more effectively determine which system will be more sympathetic to a case. For international divorce, this may help the process move more efficiently or yield a more favorable result. Additionally, the conflicts and confusions between international systems of law may lead to divorce decrees that are invalid in other countries. Forum shopping could increase an individual’s opportunity for the divorce to be honored in the relevant areas.
Risks
However, some believe that forum shopping gives the individual an unethical advantage. Legal scholars often argue that the decision-making harmony of various forums is a vital part of maintaining balance in a judicial system. Essentially, the belief is that judicial systems should be in harmony, with similar legal cases yielding similar legal outcomes, regardless of where the case is tried. Manipulating state or international law for one’s benefit could lead to unforeseen consequences, particularly with contested divorces, and many countries and territories have instituted laws against it. Awareness of these laws in the relevant countries and territories could help avoid legal repercussions.
For more details on the legal implications of forum shopping in international divorce, consider speaking with an experienced Virginia divorce attorney from DiPietro Law Group, PLLC.
Complexities of International Divorce
Forum shopping is often a factor in international divorces. International divorce generally occurs when spouses are not from the same country, living in a country different from their country of origin, or both. This can be complex and challenging because international legal systems are rarely designed to coordinate or validate each other’s decrees or judgments. This can pose significant problems for international divorce, as the parties involved may want the divorce decree to be valid in all relevant countries and territories. This is one of the reasons that forum shopping is often a factor in international divorce.
United States Recognition of Foreign Divorces
For those initiating an international divorce, it can be difficult to understand who will recognize a divorce decree from another country. Additionally, there may be certain steps required for those governmental agencies to officially recognize these documents. According to the United States Bureau of Consular Affairs, other countries may or may not recognize a United States divorce depending on their unique system of law. Likewise, the recognition of foreign divorces is not handled on the federal level, but on the state level. Understanding whether the United States will honor an international divorce will require knowledge of the state laws that govern divorce.
This is one reason that having access to skilled legal counsel can help in international divorces. There is rarely a set process for gaining recognition for an international divorce, whether it is a foreign divorce in the United States or a United States divorce overseas. When validating a foreign divorce in the United States, the government authorities may require certified, authenticated, or translated copies of divorce decrees or marriage settlements. These documents may help expedite the process and prove the validity of the divorce. However, these are not guarantees that the divorce decree or marriage settlement will be honored. The final decision rests with the state and is governed by state divorce laws.
A Skilled Virginia Divorce Attorney Can Help
Due to the unique complexities of international divorce, forum shopping can often play a role in determining how to pursue a case. As each international divorce case may or may not be recognized based on unique state or country laws, it is important to understand the laws and processes of each jurisdiction. However, there are risks and some laws against certain kinds of forum shopping, which can further complicate legal matters. A skilled Virginia divorce attorney from DiPietro Law Group, PLLC may be able to help by lending their legal experience and knowledge of state laws. For those involved in an international divorce, consider scheduling a free consultation today by calling the office at (571) 626-7389 for details.
