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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Dear sir / madame, I have a question, my husband American

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Dear sir / madame,

I have a question, my husband American and I am Indonesian, we got married in Indonesia. And now we live in Netherlands Europe. Could you advise where we should file our divorce? In Holland or is US? We have no address in the US any more. Thank you

You should file for divorce in Holland. Since you do not live in the U.S. anymore, no U.S. state court would have jurisdiction over your divorce proceeding. Jurisdiction over a divorce does not depend on where the marriage took place, or the nationalities of the people. Instead, jurisdiction is based on where the married couple is living at the time of the divorce. So, you should definitely file for divorce in Holland.

Customer: replied 3 years ago.

Thank you Thomas for your answer.

You are welcome. Good luck.


Is there anything else I can assist you with concerning your question?

Customer: replied 3 years ago.

Thank you Thomas for asking.


Based on Holland law, will woman rights over the children, child support etc are protected and she will get fair on the assets division that obtained during the marriage?


What makes mother not able to get custody of the children?


Thank you



I get give you a rough idea of the basics of Holland divorce law.

With respect to property, property acquired both before and during the marriage is considered community property, and is equally divided in the divorce unless the spouses agree otherwise.

With respect to child custody, generally both spouses retain joint custody after the divorce. And it is only in exceptional cases where a court will grant sole custody to one of the spouses. An exceptional case would be a situation such as where one spouse physically abuses the children.

With respect to child support, the court will try to get the spouses to agree to a child support agreement. But if the spouses can not agree, the court can award child support if one spouse gets custody.

Finally, a court can award spousal support if one of the spouses does not have sufficient income to support herself.

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