In an increasingly multicultural world, where more people are leaving their country of birth, international and intercultural marriages are becoming increasingly common. As a result of this increase, divorces and separations are also becoming more common.
Different cultures have different views on marriage, divorce, and family life, which complicates the process, especially in cases where the parties are not only from different cultures but also from other countries. If there are children or citizenship differences, divorces become increasingly complex to navigate.
Understanding Cultural Considerations in Divorce
Cultural considerations in the context of divorce primarily apply to divorces where there are minor children. While some cultures have insular nuclear families with relatively weak connections to extended family support networks, other cultures prioritize the involvement of extended families, such as grandparents, aunts, uncles, and cousins, in the raising of children and daily life of the family unit. In such instances, family courts must consider more factors when determining the best interests of the children.
Other essential aspects of cultural factors during a divorce include traditional expectations of each party in their culture, whether each party can reasonably be expected to support themselves without assistance, and the ability of the individual to navigate the society in which they find themselves.
Common Cultural Factors Affecting Divorce
Different cultures place different responsibilities on parents – while the American reality is often that both parents work. The children spend non-school time in some form of paid-for childcare; other cultures primarily have one parent (typically the man) working. In contrast, the other (typically the woman) stays home and raises the children, takes care of the home, and tends to other duties. Some cultures also do not expect one parent to interact with the children very much on a day-to-day basis; instead, they make major decisions about education and medical care.
Cultures with differing ideas of gender roles can also affect divorces. In a marriage where one spouse comes from a culture where women were expected to maintain the home instead of earning an income, divorce may be more difficult due to one party not having the resources to leave or the other party feeling obligated to stay and support their spouse. Some cultures can also place shame on the party who is left during the split, further complicating matters.
Some cultures with large extended families can make it easier for an individual to divorce their spouse, as a support structure is vital in stressful situations such as divorce or separation. Someone who can reasonably anticipate assistance from their family might be more likely to file for divorce, ask for fewer physical or monetary assets during negotiations or pursue primary custody of children than someone without that support.
Certain religions – and sects within other religions – strongly discourage divorces and place a stigma on divorced individuals, which can provide significant exterior pressure to maintain the marriage despite what the spouses might otherwise wish. This pressure can cause further stress in an already stressful situation and make one spouse more or less likely to pursue custody of their children.
Legal Implications of Cultural Differences
A parent who is culturally expected to spend more time caring for their children is more likely to seek primary or full custody of those children. The courts may be more likely to grant their requests, as judges must consider many factors in custody, including the involvement each parent had in the lives of their children.
In some cultures, one spouse (often the man) is expected to be established, with a well-paying job and a home, before a marriage is considered. Even in states where marital property is divided equally after a certain number of years, it may be more difficult for an individual in such a marriage to contemplate divorce due to not wishing to be deprived of property they have come to rely on. Spousal support or alimony is also a limiting factor in cross-cultural divorces, as some countries and cultures do not have a mechanism for one spouse to pay the other after divorcing.
International law can greatly affect marital dissolutions in some situations, such as those involving a marriage performed in another country. If one spouse has moved abroad and has not left any forwarding address, divorcing them can become a drawn-out process and be very costly. Some countries may not recognize a divorce decree from an American court or may be unwilling to enforce divisions of property ordered in an American divorce.
Navigating Intercultural and International Divorces
Choosing an attorney with experience in challenging divorces, such as those involving multiple cultures or international issues, is crucial to getting a favorable outcome. The divorce and separation process is complex without adding cultural complications, especially if there are children or properties involved.
A competent lawyer can assist with mediation or alternative dispute resolution to either mitigate the issues prompting divorces or to come to a mutually satisfactory agreement that will shorten the divorce process. Knowing the cultural expectations and nuances of a particular situation will help the attorney prepare for court proceedings. It may involve consulting cultural experts or counselors, especially if there are children involved. Experts might also be consulted in cases where one spouse is very new to the United States or otherwise might be disadvantaged by the court system.
Tips for Managing Cultural Considerations in Divorce
Being willing to communicate respectfully and openly during the divorce process is important, as it permits the negotiations to proceed as rapidly and smoothly as possible. It is also necessary to be willing to compromise and consider the cultural needs and values of the other party, which may involve seeking resources to understand their perspective.
Finally, if the marriage involves children, the utmost value and importance should be placed on their best interests and welfare, no matter the differences of the parents.
Professional Legal Counsel for Complex Divorces
Multicultural and international considerations complicate the already complex process of divorce, and it is important to consider the culture of the other party when contemplating divorce and during divorce proceedings. While something might seem fair to one party, the other party might see it as insulting or demeaning, which requires a careful and experienced attorney to navigate.If you or someone you know are thinking about divorce, please contact Kaspar & Lugay, LLP, to discuss your unique situation.
