divorce in other country

[Sassy_Gal 0]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

[payxibka 10,047]

a legal divorce is a legal divorce... US recognizes legal marriage and divorces from other countries...

Edited August 14, 2009 by payxibka

[bigbear2009 0]

I know that are countries where you need to have residency before can get a divorce. I am intersted in this, if you can get divorce while visiting hometown. If anyone knows more, please let us know.

thank you

[desert_fox 32]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

Be careful.. There is the issue of jurisdiction, and you cant go to some country for a visit and obtain a divorce, and then return to where you really live. This action was basically taken to circumvent the court that had jurisdiction (i.e. your home state), and the state courts where you live will not recognize, enforce it, etc., and I'm sure that the USCIS will not recognize it if your home state does not recognize it. Talk to a family lawyer.

[Gary and Alla 3,694]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

If it is a legal divorce, it is a legal divorce. US recognizes both foreign marriages and divorces.

[Gary and Alla 3,694]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

Be careful.. There is the issue of jurisdiction, and you cant go to some country for a visit and obtain a divorce, and then return to where you really live. This action was basically taken to circumvent the court that had jurisdiction (i.e. your home state), and the state courts where you live will not recognize, enforce it, etc., and I'm sure that the USCIS will not recognize it if your home state does not recognize it. Talk to a family lawyer.

True, but that is not the question. The question was not "CAN I get divorced in Ukraine" (Which I have no idea to the answer, depends on Ukraine's requirements) The question was "IF I get divorced in Ukraine is it legal in the US" The answer to that question is YES.

Most countries and states have residency requirements before allowing someone to file for divorce, but that will be answered whn the OP gets there or maybe he already has that answer.

[payxibka 10,047]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

Be careful.. There is the issue of jurisdiction, and you cant go to some country for a visit and obtain a divorce, and then return to where you really live. This action was basically taken to circumvent the court that had jurisdiction (i.e. your home state), and the state courts where you live will not recognize, enforce it, etc., and I'm sure that the USCIS will not recognize it if your home state does not recognize it. Talk to a family lawyer.

True, but that is not the question. The question was not "CAN I get divorced in Ukraine" (Which I have no idea to the answer, depends on Ukraine's requirements) The question was "IF I get divorced in Ukraine is it legal in the US" The answer to that question is YES.

Most countries and states have residency requirements before allowing someone to file for divorce, but that will be answered whn the OP gets there or maybe he already has that answer.

Agreed, typically one of the parties to the "action" needs to reside in the jurisdiction....

I know of a USC that his wife returned to Ukraine and then decided to not come back to the US... after she met the residency requirement in Ukraine... he sued for divorce in Ukraine. Divorce was granted... he did all the work via proxy using a local attorney...

[desert_fox 32]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

Be careful.. There is the issue of jurisdiction, and you cant go to some country for a visit and obtain a divorce, and then return to where you really live. This action was basically taken to circumvent the court that had jurisdiction (i.e. your home state), and the state courts where you live will not recognize, enforce it, etc., and I'm sure that the USCIS will not recognize it if your home state does not recognize it. Talk to a family lawyer.

True, but that is not the question. The question was not "CAN I get divorced in Ukraine" (Which I have no idea to the answer, depends on Ukraine's requirements) The question was "IF I get divorced in Ukraine is it legal in the US" The answer to that question is YES.

Most countries and states have residency requirements before allowing someone to file for divorce, but that will be answered whn the OP gets there or maybe he already has that answer.

Agreed, typically one of the parties to the "action" needs to reside in the jurisdiction....

I know of a USC that his wife returned to Ukraine and then decided to not come back to the US... after she met the residency requirement in Ukraine... he sued for divorce in Ukraine. Divorce was granted... he did all the work via proxy using a local attorney...

Thr OP ststed that it was a visit.....thats means that they had no intent of staying there and returning to their home state. States usually have a law regarding honoring divorces obtained in other jurisdictions while maintaining their residency in their of domicile. The home state will not recognize, nor enforce a foreign divorce in this instance. Some court in the Ulraine cannot decide how to split common property and award child support for someone who lives in California for example. California will follow their own laws. This is why I suggested talking to a family lawer and save yourself some bucks. I know for a fact that California will not give any creedence to a foreign divorce while maintaining their residency in California. If Calif doesnt recognize it, then the USC isnt going to recognize it.

Edited August 14, 2009 by desert_fox

[payxibka 10,047]

Thr OP ststed that it was a visit.....thats means that they had no intent of staying there and returning to their home state. States usually have a law regarding honoring divorces obtained in other jurisdictions while maintaining their residency in their of domicile. The home state will not recognize, nor enforce a foreign divorce in this instance. Some court in the Ulraine cannot decide how to split common property and award child support for someone who lives in California for example. California will follow their own laws. This is why I suggested talking to a family lawer and save yourself some bucks. I know for a fact that California will not give any creedence to a foreign divorce while maintaining their residency in California. If Calif doesnt recognize it, then the USC isnt going to recognize it.

I do not recall anyone telling the OP that the plan (based on a quick "visit" would work).... also, don't confuse the judicial order to dissolve the marriage and judicial orders of child support and property settlement. They are separate and distinct orders.

In a foreign country, if the divorce is legal (provided jurisdictional issues are met) then it is recognized and the marriage is dissolved. Period.. Judicial orders providing property settlement and child support issues on the other hand may in fact be unenforecable in the US, unless a reciprocal agreement is in effect, but that is a totally different matter and the unenforceability of these orders, has no effect on an otherwise legally acquired marriage dissolution.

Edited August 14, 2009 by payxibka

[desert_fox 32]

I do not recall anyone telling the OP that the plan (based on a quick "visit" would work).... also, don't confuse the judicial order to dissolve the marriage and judicial orders of child support and property settlement. They are separate and distinct orders.

In a foreign country, if the divorce is legal (provided jurisdictional issues are met) then it is recognized and the marriage is dissolved. Period.. Judicial orders providing property settlement and child support issues on the other hand may in fact be unenforecable in the US, unless a reciprocal agreement is in effect, but that is a totally different matter and the unenforceability of these orders, has no effect on an otherwise legally acquired marriage dissolution.

This not not true at all. The court orders regarding spousal support, custody, child support, etc., are incorporated as a part of the divorce.

But as it may be......get a divorce in a foreign country while visiting, without the knowledge or your spouse being a part of the action, come back to your home jurisdiction, and lay the divorce on the guy. If he balks....its simple...take the foreign divorce to your local court and try to have it enforced. Make sure that you tell them

that payxibia said it was okay. You will get nowhere....dont want to believe...talk to a local attorney....it aint worth the paper it written on. A foreign court has no jurisdiction whatsoever if your intent is to return to your home here in the US....PERIOD!!!!

A foreign court has no jurisdiction over bills, assets, real property, nor division of such. Imagine some court in the Ukraine telling me that my ex-spouse now owns the property where I live. But you seem to be an expert on this......but it aint gonna happen!!!!!

see a local attorney for advice...save yourself a bundle.

[payxibka 10,047]

This not not true at all. The court orders regarding spousal support, custody, child support, etc., are incorporated as a part of the divorce.

Maybe in the USA... but do you know this for a fact in Ukraine? or how about other countries?

In the settlement agreement there are typically many different judicial decisions and orders.... the marriage dissolution is only one of many decisions that can be lumped in one document... or they could be three separate documents... so if someone received three separate pieces of paper... one on marriage dissolution, one on division of property and one on child support... what will you do then? the divorce if legally secured (emphasis on the LEGALLY secured)... stands....

I have never once said that the OP's idea of a quick divorce was feasible... in a situation when the respondent is not present or lives in another jurisdiction there is a whole litany of steps and hoops the petitioner needs to go through (including attempts to notify) before a judge will consider issuing a divorce decree...

Edited August 14, 2009 by payxibka

[payxibka 10,047]

A foreign court has no jurisdiction over bills, assets, real property, nor division of such. Imagine some court in the Ukraine telling me that my ex-spouse now owns the property where I live. But you seem to be an expert on this......but it aint gonna happen!!!!!

You must have a reading comprehension problem... never once did I say that the property settlement or custody/child support was enforceable in the USA unless a reciprocal agreement between the governments was in place...

[Gary and Alla 3,694]

I have a question.. not sure where to ask it so...

if a person .. became citizen of US.. was married in Eastern Europe.. if that person decides to get divorced while visiting hometown (where they got married).. will US recognize divorce once that person comes back to US.. considering that divorce involves child custody question... Will it actually be ligal???... or would the person have to file duvorce ONLY in US????

Be careful.. There is the issue of jurisdiction, and you cant go to some country for a visit and obtain a divorce, and then return to where you really live. This action was basically taken to circumvent the court that had jurisdiction (i.e. your home state), and the state courts where you live will not recognize, enforce it, etc., and I'm sure that the USCIS will not recognize it if your home state does not recognize it. Talk to a family lawyer.

True, but that is not the question. The question was not "CAN I get divorced in Ukraine" (Which I have no idea to the answer, depends on Ukraine's requirements) The question was "IF I get divorced in Ukraine is it legal in the US" The answer to that question is YES.

Most countries and states have residency requirements before allowing someone to file for divorce, but that will be answered whn the OP gets there or maybe he already has that answer.

Agreed, typically one of the parties to the "action" needs to reside in the jurisdiction....

I know of a USC that his wife returned to Ukraine and then decided to not come back to the US... after she met the residency requirement in Ukraine... he sued for divorce in Ukraine. Divorce was granted... he did all the work via proxy using a local attorney...

Thr OP ststed that it was a visit.....thats means that they had no intent of staying there and returning to their home state. States usually have a law regarding honoring divorces obtained in other jurisdictions while maintaining their residency in their of domicile. The home state will not recognize, nor enforce a foreign divorce in this instance. Some court in the Ulraine cannot decide how to split common property and award child support for someone who lives in California for example. California will follow their own laws. This is why I suggested talking to a family lawer and save yourself some bucks. I know for a fact that California will not give any creedence to a foreign divorce while maintaining their residency in California. If Calif doesnt recognize it, then the USC isnt going to recognize it.

He didn't state the length of his visit and I do not know Ukraine's residency requirements for divorce so I chose to answer the question as asked. IF he obtains a divorce in Ukraine, it is recognized in the US. You also have to understand that in Ukraine you can probably meet residency requirements for $100 or so...if you get the drift. The only question would be the price of meeting the residency requirements...not if you "could". If the divorce is granted it is a recognized divorce.

If they meet the residency requirements for Ukraine, then they do not "live" in California. They "live" in Ukraine.

[desert_fox 32]

Here is the exact words from the California Family Code, and any other state that has adopted the Uniform Divorce Recognition Act. For those states that have not adopted the Uniform Act, then they woud have their own law on this subject.

------------------------------------------

2090. This chapter may be cited as the Uniform Divorce Recognition

Act.

2091. A divorce obtained in another jurisdiction shall be of no

force or effect in this state if both parties to the marriage were

domiciled in this state at the time the proceeding for the divorce

was commenced.

2092. Proof that a person hereafter obtaining a divorce from the

bonds of matrimony in another jurisdiction was (a) domiciled in this

state within 12 months before the commencement of the proceeding

therefor, and resumed residence in this state within 18 months after

the date of the person's departure therefrom, or (B) at all times

after the person's departure from this state and until the person's

return maintained a place of residence within this state, shall be

prima facie evidence that the person was domiciled in this state when

the divorce proceeding was commenced.

\------------------------

Dont even think about it until you talk to a real lawyer, unless you choose to believe one of us amatuers.

[Kathryn41 3,205]

Thread closed at the OPs request