DIVORCE, FAMILY LAW AND CUSTODY ISSUES BETWEEN THE UNITED STATES AND GREECE

Our law firm has handled hundreds of complex U.S - Greek legal matters related to family law, divorce, rights to property and assets upon divorce, custody and Hague child kidnapping matters; as well as issues of support. We have aggressively litigated such issues in both countries.

A central issue often is whether a marriage or divorce is effective in either country. For example, Greece requires specific rules to legally document a marriage or divorce, as does the United States. Our representation is often sought to identify a valid marriage or divorce in either country. Substantial amounts of legal rights or assets may be at risk depending on whether a divorce or marriage has legally occurred. We testify in Federal and State Courts throughout the nation as to whether (for example) a marriage has occurred in Greece properly, or whether a Greek divorce should be recognized in the U.S.
In cases of a divorce, it is extremely important to determine what country’s law applies. If Greek law applies, then there may be a greatly different result, than if United States law applies.

For example, under United States law, there is likely to be “equitable distribution” laws or “community property” legal system. Under Greek law (if Greek law applies) there may be substantially different results. It does not matter where the parties are living the time that the divorce is filed or in which Court the divorce is filed. For example: The divorce may be filed in the U.S Courts but Greek law may apply. The divorce action may be filed in a Greek Court, but U.S law may apply. This U.S.-Greece “conflict of laws” determination is critical because, for example, under Greek law, each party keeps the assets which are titled in their name and the other spouse has the right only to an “imputed” claim for up to 1/3 increase in value. This is completely different than U.S law where there is usually an equitable distribution regime. Our firm has also been very successful in providing proof to U.S. Courts about hidden or undisclosed Greek assets and in obtaining certified deeds, titles and valuations of said assets for use before U.S. Courts in divorce matters. The same thing is true for custody and visitation issues.

The Greek law group of our firm has prepared proper and enforceable custody and visitation agreements as applicable, for example when one parent lives in the United States and the other parent in Greece or vice versa. In addition, the Hague Convention (related to international child kidnapping applies in many such cases. We have been very active in filing child kidnapping) charges in Greece, pursuing to the Hague convention, to bring children back to the Unites States. In many such cases, (in the Hague legal proceedings in Greece) the issue will be whether the U.S parent is a fit parent or a risk to the child. In such situations if such charges have been falsely made, we have been able to present U.S evidence, documents and witnesses to the Greek Courts to prove our client’s case and return the child to the U.S. Strict compliance with the Hague procedures and laws of both countries is required to protect your child custody rights! The sooner we are contacted in such cases, the better the outcome, before spouses start moving to other countries etc…

In addition, with regard to collection of support, particularly child support, we have been able to guide the formulation of U.S child support judgments so as to be enforceable in Greece; and we have been able to execute, and seek collection pursuant to the appropriate laws for recognition, on such judgments in Greece.