USA Marriage and divorce abroad

USA Marriage and divorce abroad

by Becky Richardson
(FairFax, Virginia, USA)

Hi Sharon

My husband and I were married abroad while I was a foreign citizen and he was a US citizen.

Now I am US citizen too and have lived here in the US for 12 years with two children.

A couple of months ago we traveled back to the same country for vacation and my husband wants a divorce since we were married there.

I didn't want to accept the servicing paper and I don't want the divorce.

If the divorce process goes through, will it have validity in Virginia, USA?

Thanks, Becky

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USA Marriage and divorce abroad

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USA Marriage and divorce abroad
by: Sharon - Expats Guide

Dear Becky

Thanks for your inquiry (Please note that I am not a Lawyer and the information bellow should not be considered a legal advisement).

The U.S Department of state has published a circular with general information regarding divorce abroad.

The circular states the following: "A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), 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? "

This means that some states in the USA might recognize an overseas divorce if one of the parties fail to prove domicile in the foreign divorce country, and to show they have taken up residence there.

In order to find more information about the overseas divorce law in Virginia/USA it is better to consult a divorce lawyer located in Virginia who knows the law and therefore can give you accurate and professional information.

Best of Luck
Sharon

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