AMERICAN FAMILY LAW AND PROBATE LAW
American lawyer Jonathan Capp, Esq. provides skillful and dedicated representation for both Plaintiffs and Defendants in US State and Federal Courts. We have recovered millions of dollars in judgements and settlements for their clients.
From the United States call: (760) 231-6498,
From the UK call 0207 101 9399
From Australia call: 02 8069 7228
Frequently matters of family law arise in an international context. Furthermore, the death of an individual and questions of their estate can frequently impact people in other countries.
Issues involving family law for international couples
These offices frequently represent international (foreign-American) couples or those with overseas related issues in divorce, child custody, and immigration matters.
Often marriage and subsequent divorce presents complex immigration issues for the spouses and their children.
The permutations are numerous; the clients can be a non-American couple who have moved to the United States, or a couple who live between another country and the United States.
We handle all stages of the family relationship, from prenuptial agreements, to marriage thru divorce.
We handle cases of international child custody disputes and child abduction including Hague convention cases.
We handle both contentious and amicable divorces.
Essential to our representation is an understanding of the unique issues that confront international couples.
We work with lawyers in other countries to resolve issues of international divorce and the distribution of marital property.
Common questions are: which law applies to marital property, overseas or American? What happens to real estate and/or bank accounts in different countries upon divorce?
How can we ensure that prenuptial agreements are valid? To what extent are foreign prenuptial agreements valid in the United States?
We have successfully litigated and enforced overseas prenuptial agreements in court in California.
How do we resolve issues of international child custody and visitation? What happens if a parent wishes to either leave their own country to live in the US or vice versa?
Under what circumstances can the child leave the country of residence of the non-departing parent?
When can people even get a divorce or an annulment of marriage in the United States?
What are the residency requirements to divorce in each state? For example, California has a six-month residency requirement to be able to divorce in California. In other states- such as Florida or Nevada- the period is less.
We have handled cases for Las Vegas Nevada Annulments of a marriage. If the parties originally married in Nevada then Nevada is probably the most liberal state in granting an annulment. In California an annulment of a marriage is extremely difficult to obtain.
In any event, if you have questions relating to an international marriage then do not hesitate to contact us for an evaluation of the issues involved.
Matters of US probate
We handle matters relating to assets related to person who have deceased.
A large portion of this part of our practice involves recovering money left in U.S. bank accounts by persons who have deceased overseas. We also contact overseas banks to recover left in them by US citizens who have died in the United States. Banks in the United States, and also everywhere, are extremely cautious and frequently require that we obtain a court order before paying out the proceeds of any bank account.
This often involves us presenting documents from the foreign probate court, including a certified foreign court order, to the American court to show who is the true owner of the account and to whom the money the bank should make the payment.
This can often take many months to accomplish.
We also assist those who are concerned about the circumstances of the probate of a relative in the United States. These concerns include that the deceased person was under the improper influence of someone who benefited under the will.
We also handle cases where persons believe that a living relative is under the undue influence of individuals in the US.