International Divorce Lawyer Kings County, NY
An international divorce involves a marriage where one or both spouses are citizens of, reside in, or have assets in more than one country. For couples in Kings County, New York—the 2nd Judicial District of the New York State Unified Court System—an international divorce raises unique questions about jurisdiction, service of process overseas, recognition of foreign marriages, division of assets held abroad, and the enforceability of custody and support orders across borders. Law Offices Of SRIS, P.C. Concentrates its practice on family law matters with an international dimension, assisting clients in Brooklyn, Downtown, Williamsburg, Park Slope, and throughout Kings County. Mr. Sris, Owner and Founder, leads the firm’s international divorce practice and has handled hundreds of family law cases since 1997. Reach the firm’s New York location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What International Divorce Means in Kings County
An international divorce filed in Kings County is handled by the New York Supreme Court, which has broad authority over matrimonial actions under the New York Domestic Relations Law (DRL). The court must first determine whether it has personal jurisdiction over both spouses and subject-matter jurisdiction over the marriage. In many international cases, one spouse lives abroad, and service of process may need to follow the Hague Service Convention if the country of residence is a contracting party—or proceed by alternative means authorized by the court. The firm’s experience with multi-jurisdictional family law matters ensures that procedural requirements are carefully observed from the outset.
New York is an equitable distribution state. Under DRL § 236, the court will classify and value all marital property and divide it in a manner that is fair, considering factors such as the duration of the marriage, each spouse’s contributions, and their future financial circumstances. When assets are located in foreign countries—for example, real estate, bank accounts, or business interests—obtaining valuations and enforcing any award can require coordination with foreign counsel and an understanding of international asset recovery mechanisms. Custody determinations follow the best interests of the child standard under DRL § 240, and courts will consider the impact of a potential relocation across national boundaries. Law Offices Of SRIS, P.C. has experience coordinating with legal professionals abroad to address the cross-border facets of divorce litigation.
Under N.Y. Domestic Relations Law § 170, a no‑fault divorce may be granted when the marriage has irretrievably broken down for a period of at least six months.
Source: N.Y. Domestic Relations Law § 170. New York State Senate, Domestic Relations Law
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
How Mr. Sris and His Of Counsel Handle International Divorce Cases
From the initial consultation, the legal team at Law Offices Of SRIS, P.C. works to identify the jurisdictional anchors that will control the outcome: where the marriage was celebrated, where each spouse is domiciled, where the children reside, and where marital property is located. This early factual investigation often determines which court will hear the case and which country’s law may apply to discrete issues. The team then crafts a strategy that accounts for the procedural rules of the Kings County Supreme Court while anticipating potential conflicts with foreign legal systems.
Throughout the process, Mr. Sris and his Of Counsel engage with international family law issues such as the recognition of foreign marriage certificates under the lex loci celebrationis doctrine, the enforcement of prenuptial agreements executed abroad, and the division of retirement or business assets held in multiple currencies. The firm’s collaborative model—drawing on Mr. Sris’s trial experience as a former prosecutor and the collective knowledge of his Of Counsel team—enables thorough preparation for hearings, settlement conferences, and, when necessary, trial. The firm does not guarantee any specific result, but it works methodically to present the facts and legal arguments that support the client’s position. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him a firm grasp of courtroom procedure and evidence rules, which he applies directly in contested divorce and custody hearings. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised certain provisions of Virginia’s equitable distribution statute—further reflecting his commitment to the development of family law.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team collectively handles matters in Kings County and across New York, coordinating with foreign counsel when international issues arise. The firm’s New York location is at 50 Fountain Plaza, Suite 1400, Buffalo, NY 14202, and clients in Brooklyn, Downtown, Williamsburg, Park Slope, and throughout Kings County meet by appointment.
Frequently Asked Questions
Can I file for divorce in Kings County if my spouse lives in another country?
Yes, if you meet New York’s residency requirement, you can file for divorce in Kings County even when your spouse resides abroad. The New York Supreme Court may exercise jurisdiction if you have been a resident of the state for a continuous period of at least one year immediately before filing, or if you married in New York and you are still a resident. Service of process on an overseas spouse must comply with the Hague Service Convention or the alternative methods permitted by the court if the country objects. An experienced international divorce attorney can guide you through the procedural requirements to ensure proper notice and avoid jurisdictional challenges.
How does the Kings County Supreme Court divide property when some assets are located overseas?
The court applies New York’s equitable distribution statute to classify and divide all marital property, including assets held abroad. Under DRL § 236, the court will determine which property is marital and assign a value to each asset, regardless of its physical location. Foreign bank accounts, real estate, and business interests are subject to the same equitable distribution rules as domestic property. Enforcing a division order in a foreign country often requires supplemental proceedings in that jurisdiction, and the firm coordinates with local counsel to secure recognition and enforcement of the New York judgment.
What happens to child custody when one parent wants to relocate to another country after divorce?
The court evaluates any proposed international relocation under the best interests of the child standard, considering the impact on the child’s relationship with both parents, stability, education, and cultural continuity. If a parent intends to relocate with the child, that parent must usually seek court approval or the other parent’s consent. The Kings County Family Court or Supreme Court may hold a hearing and may appoint a forensic evaluator. Because India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a parent contemplating relocation to India should be aware that the Convention’s return mechanism will not apply if the child is wrongfully retained there; additional legal safeguards are essential.
Is a divorce obtained in a foreign country valid in New York?
A foreign divorce may be recognized in New York if it meets the requirements of comity, including that the foreign court had proper jurisdiction and that basic due process was observed. New York courts apply the principle of comity to foreign divorce decrees, generally recognizing them unless there is evidence of fraud or a fundamental conflict with New York public policy. If a valid foreign divorce is recognized, it can resolve the dissolution of the marriage, but it may not automatically settle ancillary issues such as property division or support, which may require a separate action in New York. The firm evaluates each foreign decree and advises on its effect in New York.
Can I get spousal support if my spouse has income from overseas employment?
Yes, New York courts can award spousal maintenance based on the income of both parties, including income earned from foreign sources. Maintenance under DRL § 236 is calculated using a statutory formula that considers each spouse’s income and the length of the marriage. If a spouse earns income abroad, the court may require documented evidence of that income, and the award can be enforced through international legal mechanisms. The experienced legal team works to uncover hidden or offshore income and to ensure full financial disclosure.
Do I need a lawyer for an international divorce in Kings County?
While you are not required to have a lawyer, the procedural, jurisdictional, and cross-border issues involved in an international divorce make legal representation strongly advisable. An attorney can help you navigate the Kings County Supreme Court’s procedural rules, serve process abroad in compliance with international treaties, present evidence of foreign assets, and coordinate with foreign counsel to enforce orders. Handling these matters without legal guidance may lead to procedural missteps that delay the case or weaken your legal position. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Authoritative Sources on New York Divorce Law
New York State Unified Court System |
New York Domestic Relations Law (via NY Senate) |
Kings County Supreme Court (2nd Judicial District)
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.