Legal Question in Family Law in Mexico

The legality of Mexican and/or international divorces

I am currently in the position where I want a quick and painless divorce. Are international (ie Mexican, Haitian, Dominican) divorces recognised within the united states as legal?


Asked on 8/20/03, 9:41 pm

2 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: The legality of Mexican and/or international divorces

Statutory law does not address this very clearly, but U.S. courts will normally grant comity to foreign judgments issued by countries which observe basic due process and which grant comity to U.S. judgments. If you are not a resident of that country, then, in the case of divorce, the judgment must be bilateral, meaning both parties must be before the jurisdiction of the court. Consequently, a foreign divorce might not be recognized unless both parties appeared in the proceeding or were otherwise validly before the jurisdiction of the court. Consider Barbados. I hear it is a great place to visit with gorgeous beaches and an excellent legal system which will readily be recognized as granting due process by the U.S. courts. It is also safer than Haiti, etc. They offer quick "fly in/fly out" divorces. Both of you should go there, though. If you still get along somewhat well, you could make a final fling of it.

If it has to be unilateral because the other party won't consent, you might consider Nevada. Although there is a 6-week residency requirement, I understand it has a very liberal definition of resident. You might be able to establish it merely by getting a P.O. box, submitting a couple of job applications, getting a Nevada drivers' license, etc. Check with a Nevada lawyer. Once the residency requirement is met, you can get a quickie at one of the many "drive through" divorce parlors.

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Answered on 8/21/03, 5:31 am
Mario Belmontes Belmontes Stringel & Asoc. S. C.

Re: The legality of Mexican and/or international divorces

Of course, as the institution of marriage is recognised all over the world, the divorce is also recognised. All you have to do is, once you have yor divorce certificate, you need to aposille the document and translate it, in order to be valid in the United States.

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Answered on 8/21/03, 3:00 pm


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