It's challenging to pinpoint the exact number of U.S. citizens married to foreign-born spouses. According to a 2013 report from the U.S. Census Bureau, approximately 7% of married-couple households in the U.S. include one foreign-born spouse. While the U.S. government tracks fiancé visas issued, data on how many result in marriage, or how many Americans marry foreign-born spouses without such visas, remains elusive. Nevertheless, these marriages often entail legal complexities extending beyond immigration, such as business transactions, tax implications, estate planning, and conflict of law issues.
U.S. courts apply the doctrine of comity to determine the validity of marriages conducted abroad. This principle allows a court to recognize a foreign marriage if it's valid in the jurisdiction where it occurred and doesn't contravene the public policy of the court's jurisdiction. For instance, in Payne v. Payne, 121 Colo. 212, 214, 214 P.2d 495, 496 (1950), the Colorado Supreme Court upheld this approach.
However, recognition of foreign marriages varies across jurisdictions. For example, Russia doesn't recognize same-sex marriages and requires religious weddings to be accompanied by a civil ceremony officiated by a government official.
Courts often conduct factual inquiries to determine the existence of common-law or customary marriages. In South Africa, for instance, customary marriages require elders to provide marital advice to the couple. A notable case, Motsoatsoa v. Roro, South African High Court 2010 (2) All SA 324 (2010), illustrated this requirement when a court ruled against recognizing a marriage due to the absence of such advice.
When international marriages end, jurisdictional issues regarding divorce venue frequently arise. Potential venues include the country where either party is domiciled, their country of citizenship, or the country where they currently reside. This can lead to jurisdictional disputes, sometimes resulting in a "race to the courthouse," where parties seek a favorable jurisdiction for divorce proceedings. U.S. courts may grant comity to a foreign divorce if certain criteria are met, ensuring fairness and adherence to legal standards, as established in Hilton v. Guyot, 159 U.S. 113, 16 S.Ct. 139, 40 L.Ed. 95 (1895).
The division of marital property adds further complexity to divorce proceedings. Hidden assets, jurisdictional disputes over asset division, and differing property laws across jurisdictions complicate matters. For instance, continental Europe applies various legal frameworks, including common law and statutory matrimonial property systems.
Attorneys handling international marriage cases must navigate these intricate issues, including service of process challenges, wealth preservation strategies, estate planning considerations, and the enforcement of judgments across borders. Understanding these nuances is crucial for effectively representing clients in this complex legal landscape.