Getting a divorce in another country is possible, but most that attempt the feat requires the services of a foreign lawyer. The legal professional may need to give advice, explain the laws of the land or initiate the process for the couple. Some married couples could make various mistakes if they attempt to divorce each other without legal help. Many of the regulations in another location of the world are vastly different than those found in the United States. Additionally, it is possible to violate the laws of the nation the couple is in if the two individuals do not find an expert on the matter.
Divorcing in the United States
If the couple contains United States citizens, it is generally possible to divorce once back in the country. Even if the two married in the other nation, dissolution of the relationship is possible once returning to America. However, depending on which residency each has while living in the United States, they may need to remain in that state for a certain number of months or years before the divorce is possible legally. This could lead to a lead to a long period together, legally separated or living in the same house depending on the specific laws.
Recognition of the Divorce in the United States
There are some conditions that the couple must meet for the divorce to have recognition in the United States when the spouses divorced in another nation. Both must provide and receive notices of the divorce if one party is in another country or America during the divorce process. Both must have the ability to speak and hear out the other party during the proceedings in the foreign nation. This is possible through a lawyer or a local representative of the courts. Then, each state must recognize the divorce as the authorities see fit. Some states may require additional processes.
Divorce does not possess a federal law that oversees the process. Each state may or may not recognize the foreign divorce. If the state does not, the spouses are still legally wed without progressing through additional hurdles. Many require at least one of the couple to live in the foreign country and not just visit. Timely notice of the divorce documentation is necessary for recognition in most states. The procedure in the other nation must not violate the state’s public policy. This leads to the spouses understanding the laws of the state they both live in and the other country these reside in or travel to that involves the divorce.
The Different Divorce Decrees
Some countries will not recognize a divorce that occurs in the United States or provide a divorce in that nation due to a different decree such as religious or non-secular. In the countries where the marriage is a religious matter and only through certain circumstances will a dissolution of the relationship happen will a couple find a way to divorce. However, this may require a progression of activities, a connection to the religious affiliation of the country or the death of one party. In these different areas of the world, the couple may have no choice but to wait until returning to America before a legal divorce is possible.
A different justice system may manage the affairs of marriage and divorce. This could change how the married couple is able to legally dissolve the relationship. However, this could lead to another situation in the United States if the state of residence does not recognize the process. Then, the couple may want to either wait to return to their home country or wait for the legal divorce process in that state. Some justice systems around the world are vastly different from the United States and could invalidate the dissolution of the relationship outside of that country.
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