Recent divorce

[phil09 8]

A friend of mine is planning on getting married in VN, and I am helping him collect all the necessary paperwork to send to the VN Embassy for apostille. His English is not good enough to converse on forums, so I offered to post his question here.

- He is recently divorced: his divorce was finalized in March 2011; he does have the official divorce decree.

- With that recent a divorce, does he still need to get a "certificate of no marriage" from the state's Vital Records (VR) office for the VN Embassy? Here is the kicker... We went to the VR office, and were told that their info currently only goes up to Dec 2010 (it's almost a year behind), so they do not have records of his divorce. In other words, for the VR office, my friend would still be considered as "married" since the 3/2011 divorce info hasn't made its way there yet. So they cannot deliver a certificate of no marriage.

Has anybody here run into this situation, and if yes, how did you solve it? Thanks in advance.

Edited September 13, 2011 by phil09

[ScottThuy 140]

he could use the old record that showed he was only married to the ex and then have the decree for the ex.. but if he marries too soon after the divorce he can expect an uphill battle.

[rostov007 29]

he could use the old record that showed he was only married to the ex and then have the decree for the ex.. but if he marries too soon after the divorce he can expect an uphill battle.

I agree with Scott. He must be able to prove that he is divorced and single before the VN government will allow him to get a marriage certificate in VN. The certified copy of the divorce decree is proof that the prior marriage was terminated, the affadavit of single status is his swearing that he is still single, and the certificate of no marriage is the government proving that he is telling the truth. Without all three, I doubt that he will be successful in getting the marriage certificate. The obvious solution is to wait longer for the proof to show in the system and to retrieve a certified copy of the decree from the county clerk where it is filed.

This would also serve to solve the second problem that Scott alludes to as well.

[luckytxn 2,264]

I agree with Scott. He must be able to prove that he is divorced and single before the VN government will allow him to get a marriage certificate in VN. The certified copy of the divorce decree is proof that the prior marriage was terminated, the affadavit of single status is his swearing that he is still single, and the certificate of no marriage is the government proving that he is telling the truth. Without all three, I doubt that he will be successful in getting the marriage certificate. The obvious solution is to wait longer for the proof to show in the system and to retrieve a certified copy of the decree from the county clerk where it is filed.

This would also serve to solve the second problem that Scott alludes to as well.

No the second problem is going to be at the consulate and they will more than likely have him in AP for awhile.

[rostov007 29]

No the second problem is going to be at the consulate and they will more than likely have him in AP for awhile.

Right, I meant that by waiting, the distance between his divorce and his new marriage will be longer, thereby reducing that possibility.

[phil09 8]

All, thanks for your advice. I've also told my friend that re-marrying soon after a divorce is a red flag, but you know how guys in love feel...

As for the certificate of no marriage, I called the VN Embassy and they confirmed that they cannot go forward without that document. And they also mentioned that the fee for the paperwork is now $250 (it used to be $150, for non-rush processing). Does it jibe with what you know? I wouldn't be surprised if the guy told me $250 so he could pocket the difference when he gets hold of the check.

[rostov007 29]

All, thanks for your advice. I've also told my friend that re-marrying soon after a divorce is a red flag, but you know how guys in love feel...

As for the certificate of no marriage, I called the VN Embassy and they confirmed that they cannot go forward without that document. And they also mentioned that the fee for the paperwork is now $250 (it used to be $150, for non-rush processing). Does it jibe with what you know? I wouldn't be surprised if the guy told me $250 so he could pocket the difference when he gets hold of the check.

I think ours was 180 non-rush, but that was 2 1/2 years ago. It wouldn't surprise me if they raised the fee legitimately by now.

That said, they probably skim from the top regardless of the published price. But its the VN gov who's getting screwed, not your friend.

Good luck to you and your friend.

[ScottThuy 140]

Right, I meant that by waiting, the distance between his divorce and his new marriage will be longer, thereby reducing that possibility.

We are seeing that even those that have waited 3 or 4 years are still having problems... it will take a bunch of great evidence of ongoing relationship from the onset..