Legal Question in Family Law in Florida

Divorc/Assets and Income Tax

If I got married in Brazil, and divorced in Brazil-but in the meantime lived in the US is my Brazilian divorce binding in the US? I have re-filed for divorce in the US so as to avoid paying taxes on assets my ex-husband is transferring to my name. I divorced in Brazil two years ago, in the US a year ago. I have lived in the US since 2001. My ex also claimed me on his 2006 income tax return although we were divorced in Brazil by Jan. of 2006.

Asked on 8/21/07, 12:04 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay
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Re: Divorc/Assets and Income Tax

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, a divorce from a foreign country is usually recognized here under the full faith and credit provisions of Florida law. If you were a resident of Brazil at the time of the Brazilian divorce, it should be fine here. Your fact pattern is very confusing and I am not sure if you got divorced one year ago or want to get divorced.

Scott R. Jay, Esq.

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Answered on 8/21/07, 11:19 pm

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