ABC / Divorce Abroad

Divorce Abroad

Marriage and divorce generally are considered matters reserved to the states rather than to the federal government. There is no treaty in force between the United States and any country on enforcement of judgments, including recognition of foreign divorce s.

A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity , provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce . Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce . Although full faith and credit may be given to an ex parte divorce decree, states usually consider the jurisdictional basis upon which the foreign decree is founded and may withhold full faith and credit if not satisfied regarding domicile in the foreign country. Many state courts which have addressed the question of a foreign divorce where both parties participate in the divorce proceedings but neither obtains domicile there have followed the view that such a divorce invalid

Questions regarding the validity of foreign divorce s in particular states in the United States should be referred to the office of the Attorney General of the state in question. It may be necessary to retain the services of a private attorney if the office of the state Attorney General does not provide such assistance to private citizens. Provide counsel with copies of foreign marriage certificates, divorce decrees and copies of foreign laws concerning divorce which may be available from the foreign attorney who handled the divorce .

Foreign "migratory" divorce s fall into four basic categories:

• "Ex Parte" divorce s, based on the petitioner''s physical presence in the foreign nation, with notice or constructive service given to the absent defendant;


• "Bilateral" divorce s, based on the physical presence of both parties in the divorcing nation, or the physical presence of the petitioner and the voluntary "appearance" by the defendant through an attorney;


• "Void" divorce s, where an ex parte divorce is obtained without notice, actual or constructive, to the absent defendant. Courts do not recognize or enforce this type of divorce ;


• "Practical recognition" divorce s, wherein practical recognition may be afforded such decrees because of estoppel, laches, unclean hands, or similar equitable doctrines under which the party attacking the decree may be effectively barred from securing a judgment of invalidity. Many jurisdictions will prohibit the spouse who consented to the divorce from attacking it later under a principle of fairness called "estoppel". Thus, a party may be precluded from attacking a foreign divorce decree if such an attack would be inequitable under the circumstances.

There are no provisions under U.S. law or regulation for registration of foreign divorce decrees at U.S. embassies or consulates abroad. This is not a form a registration, but simply the placing of the seal of the U.S. embassy or consulate, or other competent authority in countries party to the Hague Legalization Convention, over the seal of the foreign court.

In the absence of the issuance of a "Certificate of Witness to Marriage," copies of foreign marriage certificates may be obtained directly from the civil registrar in the foreign country where the marriage occurred. The documents may then be authenticated for use in the United States . English translations may be certified by translators in the United States before a notary public. When requesting copies of foreign public documents such as marriage or divorce records, it may be advisable to write to the foreign authorities in the language of the foreign country. Enclose copies of pertinent documents and any required fees in the form of an international money order.

PROOF OF FOREIGN DIVORCE: Obtain a certified copy of the foreign divorce decree from the court in the foreign country where the divorce decree was issued. Then have the document authenticated for use in the United States . Finally, obtain a certified English translation of the divorce decree (the translator executes a certificate before a notary public in the United States ). When requesting copies of foreign public documents such as marriage or divorce records, it may be advisable to write to the foreign authorities in the language of the foreign country. Enclose copies of pertinent documents and any required fees in the form of an international money order.

AUTHENTICATION OF DIVORCE AND MARRIAGE RECORDS: It may be necessary for you to provide foreign authorities or your attorney with authenticated, translated copies of your foreign divorce decree and any other pertinent documents.