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Divorces are rarely easy to navigate in general, but when spouses come from differing cultural backgrounds, agreeing to the terms of a divorce can be particularly challenging. In cases like these, it’s particularly important to work with a skilled divorce attorney who can help you and your spouse arrive at a mutually beneficial solution.
Common Cultural Concerns During Divorce
Spouses navigating a cross-cultural divorce tend to encounter challenges that go beyond the regular legal, financial, and emotional difficulties that regularly accompany such circumstances.
Cultural norms and expectations, as well as attitudes toward gender, are frequent sources of increased contention during a cross-culture divorce, but four of the most common points of friction are as follows:
Legal Rights
Legal rights are arguably the biggest point of conflict during divorces between spouses who come from different cultures. Different countries have varying laws and cultural expectations about the roles each spouse fulfills. For example, in some cultures, both spouses must consent to a divorce, but that is not the case under U.S. law.
When spouses undergo a cross-cultural divorce in the U.S., they’re typically subject to its laws. That, however, can feel deeply unfair to one or both spouses, especially when spousal legal rights in the U.S. are significantly different from those in other countries.
Finances
Cultural attitudes regarding asset division and child support payments vary wildly around the world. In the U.S., many states, including New York, divide assets equitably instead of equally, which can lead to considerable conflict when spouses feel they aren’t receiving a fair share of their marital assets.
Cultural views regarding alimony also differ considerably. The U.S. legal system recognizes several different types of marital support, which might be short or long-term depending on the length of the marriage and the age and earning ability of each spouse.
Religious Differences
When one spouse wishes to divorce, and the other opposes the divorce for religious reasons, it’s a sensitive situation to navigate. Many belief systems around the world don’t allow for divorce at all or only permit such separations under certain grounds, such as if the marriage qualifies for an annulment.
In some cases, separating couples will opt for permanent separation over divorce. Doing so allows the ex-spouses to live separate lives without violating religious beliefs by ending a marriage.
Child Custody
Child custody is another top source of contention during a cross-cultural divorce. In the U.S., most courts aim to offer equal parenting time, with the view that a relationship with both parents is in a child’s best interests.
However, many cultures outside of the U.S. specify which parent should, by default, maintain custody of their children. It’s common for the mother to receive custody of young children in many cultures, though fathers are considered to have the default right to custody in some others.
In addition to varying legal expectations, child custody can be a particularly emotional topic in a cross-cultural divorce. The child’s language, religion, traditions, and customs will naturally be influenced by the parent with whom they spend more time. Therefore, identifying a child custody agreement that protects the child’s best interests and the rights of both parents requires careful consideration and skilled negotiation.
Call Our Garden City, NY, Divorce Lawyers for Help
Divorces that involve couples from different cultures bring special challenges. If you’re going through a cross-cultural divorce in Garden City, NY, Aiello & DiFalco can help. Our team has a long track record of handling particular separation challenges, including cross-cultural divorces. Contact us today to schedule a consultation with an experienced divorce lawyer.