US or HK divorce - where to file?



ORIGINAL POST
Posted by skye11 12 yrs ago
I need some advice please.

My husband is a US citizen I only hold permanent residencey. We got married in the US and have lived in the US most of our married life.

He has decided to move back to the US this summer and I am thinking of filing for divorce, but not sure if in HK (I have a job here but seems very compicated to do a divorce long distance wise) or go back to the US with him and then file there.

We have some assets in the US, nothing in HK.

Any idea what might be best? I can't imagine how it would work if we are both in different countries, with assets in the US and filing in HK?

TIA

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COMMENTS
weirlaw 12 yrs ago
The appropriate jurisdiction for filing a divorce depends on all the circumstances. Therefore more information would be needed to provide proper direction to you. Relevant information would include whether your husband and you have given birth to any children and their ages; whether your husband and/or you have a new partner respectively; whether you are financially self-dependent; whether assets you referred to in the email are marital assets subject to division; and so on.


We would suggest an initial consultation be arranged to provide you with preliminary advice on your position and the way forward. The cost for the consultation is at a concessionary rate of HK$2,800 for the first hour.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw

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namaste 12 yrs ago
It's VERY easy to divorce in HK ~ I know from personal experience and am a US citizen.

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drlawknows 12 yrs ago
This is a very complicated question. The issue is not one of citizenship or location of assets - it is one of "jurisdiction". Right now the jurisdiction is in HK for divorce proceedings but after your husband leaves and the requisite time elapses, he may obtain jurisdiction in the USA. Which is the better venue for you depends on which state he is moving to as some states determine martial property on an 'equitable' basis whilst others subscribe to 'community property'. You need a lawyer who is familiar with both US law and HK law.

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