Divorce lawyer - law advice. Divorce in Arg., assets in USA

[nativexpat]

Hello all,

I was wondering if anyone can recommend a divorce lawyer or firm who also deals with international law.

I will lay out the facts here as well in case anyone has gone throuh a similar case and can share information:

We are married in the US. We live in Argentina. Two teenage children. All our assets are in the US and not declared in Argentina (we live en negro). My husband shares ownership of our Buenos Aires flat with his estranged brother and the usufructo belongs to my mother in law (as messy as it can get).

At the moment, I depend financially on my husband (I do have a job but it is freelance and it is not enough to support myself).

How does it work? Which law applies? Should I file for divorce in the US? What about alimony? What about AFIP?

Thanks in advance

 

[nikad]

Is the apartment in Arg or in the US? Are you in good terms with your soon to be ex husband or it is a no go? I assume you are expat and your husband is Arg?

 

[nikad]

You need to talk to a local ( Arg ) attorney, a foreign marriage is valid here based on reciprocity, hence a divorce filed here is valid in the US based on the same reciprocity. You need to ponder what is your best case scenario. I believe in order to get alimony you will be better off filing here ( PM me I have a few ideas )

 

[nativexpat]

THANKS! The appartment is in Argentina. We are both Argentinean. The bank account is in the US. It is not a joint bank account - it is in his name but I do have some participation in it (I remember signing papers).

 

[nativexpat]

There is also another BA apartment that belongs to a sociedad and I have asked my husband to put it in my name (it is a crappy apartment, I would get the short end of the stick, but I want to secure something). He says "no way, you have never worked en blanco and you cannot prove origin of assets to AFIP". How likely is this?

He promises he will put the big appartment under my name, but I don't see that happening. Besides, the big appartment is worth 500K but as I said, he shares ownership with his estranged brother, mother has usufructo and the expenses would be too high for me.

 

[BankNote]

https://www.facebook.com/SocAbogados/

These are the best divorce lawyers in town. Contact them

 

[nativexpat]

https://www.facebook.com/SocAbogados/

These are the best divorce lawyers in town. Contact them

Great, thanks!

 

[garryl]

The best lawyer is you and your husband on good terms, can peacefully divide things and move on.
Otherwise both of you will be working for the lawyers for a long time. A good lawyer can drag this forever,
you will never see the end of it. I have seen people who have no assets/no money, and they both have a divorce
lawyer fighting against each other, and pay the lawyers by hours, that's ridiculous and dumb.

 

[gracielle]

nativeexpat - The bank account is in the US. It is not a joint bank account - it is in his name but I do have some participation in it (I remember signing papers).

I am sure Nikad has sensible ideas to offer. A recommendation to a local attorney is essential to deal with custody of the minor children, child support, alimony and matrimonial rights of property in ARG under the New Civil and Commercial Code in effect since 2016.

When considering the advantages, or not, to file in the US it is important to know in what state is the bank account located? Each US state has different laws which apply to the division of assets. Example...a community property state presumes both spouses equally own all marital property, including some types of bank accounts. Those states will split the assets 50-50 in a divorce.

Is it a savings and/or checking account? Do you have a debit card and/or a credit card in your name which is attached to that account?

 

[Ceviche]

The best lawyer is you and your husband on good terms, can peacefully divide things and move on.
Otherwise both of you will be working for the lawyers for a long time. A good lawyer can drag this forever,
you will never see the end of it. I have seen people who have no assets/no money, and they both have a divorce
lawyer fighting against each other, and pay the lawyers by hours, that's ridiculous and dumb.

Depends. Divorce law is pretty simple in Argentina unlike USA.