US Shares 1 Specific Reason a Foreign Divorce May Not Be Granted
- The US government outlined the condition under which individual states can refuse to recognise a divorce that took place in another country
- The guidance also noted that the United States has no treaty with any country regarding foreign divorces, leaving recognition entirely to state law
- Anyone dealing with a foreign divorce is advised to contact their state's Attorney General's Office or a private attorney for clarity
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The United States government has spelled out one specific reason why a divorce obtained in a foreign country may not be considered valid within the country's borders, in guidance that carries significant implications for people navigating cross-border family law.
According to the guidance, individual US states hold the authority to reject a foreign divorce if neither spouse was actually living in that foreign country at the time the divorce was obtained.
Source: UGC
In other words, if both parties were residing elsewhere when the divorce was granted abroad, a US state may refuse to recognise it as legally binding.
Why State Law Is the Deciding Factor
Marriage and divorce in the United States fall under state law rather than federal law, and the rules differ from one state to another.
Whether a foreign divorce is accepted depends on both the specific laws of the state in question and the process that took place abroad.
The guidance also confirmed that the United States does not have a treaty with any country covering the recognition of foreign divorces.
This means there is no blanket national rule that automatically validates a divorce granted overseas. States may also look into whether both parties were aware that divorce proceedings were underway and whether each had the opportunity to present their position during the process.
What Documents Are Needed for Recognition
For those seeking to have a foreign divorce formally recognised, several documents may be required.
These include certified, authenticated, or translated copies of the original marriage certificate and the divorce decree itself. Information about the laws of the foreign country where the divorce took place may also be needed, and the guidance noted this is best gathered at the time of the divorce, while access is still straightforward.
Documents from abroad typically need to be authenticated before they carry legal weight. For countries that are part of the Apostille Convention, obtaining an Apostille is the standard route.
For documents from countries outside that convention, authentication can be done through the relevant US embassy or consulate, which places its seal over the foreign court's seal to confirm the document's legitimacy.
The guidance advised anyone with questions about a foreign divorce to reach out to the Attorney General's Office in their state, or to consult a private attorney practising in that state who is familiar with both local and international family law.
Nigerian lady says goodbye to Nigeria
Meanwhile, Legit.ng previously reported that a Adedoyin, a Nigerian lady, shared photos of herself after landing in Europe, with a caption that announced her departure from Nigeria.
Her post, which included the Hungarian flag emoji, caught the attention of many Nigerians who flooded the comments with congratulations.
Source: Legit.ng
