I am an American citizen as is my ex wife but we were married in Australia (we both have dual nationality). My wife divorced me in an Australian court in 2011 and is trying to get an unreasonable property settlement. The major item left in the marital assets is a house in joint names here in Fuquay NC. I would like to have the matters dealt with in NC as I am resident there and she is now resident in Florida.
Even though I am already divorced, can I apply for a divorce in the US and then a property settlement? My ex-wife is attempting to get an order from an Australian court to force me to hand over the whole house in my absence. Do I need to comply as I have no idea what all the laws are. Thanks in advance.
No, you cannot apply for a divorce and property settlement here.
If an Australian court entered into a divorce judgment, then NC will give full faith and credit to the Australian court document and will recognize the divorce here as a valid divorce. Therefore, since you are already divorced, NC will have no jurisdiction or ability to handle any equitable distribution/marital property matters.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks so much for your reply Anna. Does the ex-wife need to go to NC court to enforce the foreign order? Can I appeal for a motion to deny or appeal that order? Is that something that your team can handle? Thanks again for your time
NC cannot enforce a foreign equitable distribution order. Any enforcement issues will need to be handled in the court where the order originated.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My apologies for asking again in a similar manner. If we assume that the ex wife has obtained a court order from the Australian Family court in which she has been given an unreasonable settlement (i.e the right to sell my house and keep the proceeds), does the ex wife need to apply to an NC court to have the order enforced? If so, can I try and prevent the order based on her obtaining it through false evidence/testimony (documented) in the Australian courts? If so, do I just see Rosen as to what is to be done if and when she serves me… (You can tell I am confused as to steps)
No, NC cannot enforce a foreign equitable distribution (property division order). You would need to go through the Australian courts to remedy this order if such is remedy is available under Australian law.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.