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Q: Jurisdiction for financial matters post-UK divorce.
I am a permanent resident of Pennsylvania, as is my disabled son, who receives SSI. My husband, a British citizen, has moved permanently from England to Bulgaria about 6 months ago, while we are still in the middle of a UK divorce case he filed. I have evidence of his permanent move. The UK has passed a Conditional Order, but there are no UK orders yet regarding finances. He does not provide any support for our son, and my husband owns property and a company in Bulgaria. I am concerned about the jurisdiction for resolving the financial aspects and spousal support. Should I file for the financial matters to be addressed in the UK, or after the divorce is finalized in England, should I file from Pennsylvania?
A:
Because the divorce proceedings began in the UK and a Conditional Order has already been issued there, the UK court generally retains jurisdiction over the financial matters tied to that divorce. If you want property division, spousal support, or financial relief connected to the marriage, it may be more straightforward to pursue those claims through the UK process before the divorce is finalized. Once a Final Order is granted without financial matters being resolved, you may lose the chance to have them addressed under UK law.
That being said, your current residence in Pennsylvania with your disabled son also gives U.S. courts jurisdiction over certain issues, especially child-related support. U.S. courts can address child support obligations because your son lives here and receives SSI, even if your husband resides abroad. However, enforcement may be more challenging since he is now in Bulgaria, and you would need to rely on international agreements and cooperation to collect payments.
A practical approach may be to continue pressing for financial orders in the UK while also exploring what U.S. courts can do for child support enforcement. This gives you the benefit of resolving marital finances where the divorce is pending, while also protecting your son’s right to support where you live. Keeping both avenues in mind will help ensure you don’t lose opportunities in either jurisdiction.
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