The validity of divorce filings in other countries

On behalf of Stange Law Firm, PC posted in divorce on Saturday, January 14, 2017.

With regard to divorce, couples in Jackson County may encounter a plethora of hurdles, such as disputes over alimony and child support. However, less common concerns may arise, such as a spouse deciding to file for a divorce from their spouse who lives in Missouri while they are in another country. Foreign divorce filings take place for various reasons, such as a spouse moving overseas for employment purposes, and it is crucial for both parties to understand whether or not the divorce is valid.

According to the U.S. Passports and International Travel’s site, divorces that are granted overseas are typically considered valid in the U.S., so long as certain conditions are met. For example, both parties must have received notification of the divorce and provided an opportunity to appear in court. Since divorces are usually handled by state governments and not the federal government, those who question the validity of their divorce may want to contact the attorney general’s office in their respective state.

The U.S. Department of State says that there are no treaties in place between the U.S. and other nations concerning divorce recognition, but since they are handled at the state level, this does not make such divorces invalid. However, if courts believe that neither spouse is domiciled in the country in which the divorce was filed, the state may find such divorces invalid. For couples who are working through these types of complicated divorce matters, it is pivotal to understand whether or not the divorce is valid.

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