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Can I Get an Annulment Abroad if I Married in the USA

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  • 08-04-2017, 04:14 PM
    Tomorrow21
    Can I Get an Annulment Abroad if I Married in the USA
    My question involves a marriage in the state of: NY
  • 08-04-2017, 04:43 PM
    flyingron
    Re: Can I Get an Annulment Abroad if I Married in the USA
    Whether the foreign country would grant one is subject to their laws and outside the scope of this forum.

    If the question is whether New York (or for that matter any US state) would recognize the foreign divorce/annulment, the answer is maybe. If you the foreign court had proper jurisdiction, i.e., you resided there when this took place, then New York would honor it. New York would not honor a mail order or other quickie proceding in some unspecified foreign country when you aren't residing there.
  • 08-04-2017, 04:59 PM
    llworking
    Re: Can I Get an Annulment Abroad if I Married in the USA
    Quote:

    Quoting flyingron
    View Post
    Whether the foreign country would grant one is subject to their laws and outside the scope of this forum.

    If the question is whether New York (or for that matter any US state) would recognize the foreign divorce/annulment, the answer is maybe. If you the foreign court had proper jurisdiction, i.e., you resided there when this took place, then New York would honor it. New York would not honor a mail order or other quickie proceding in some unspecified foreign country when you aren't residing there.

    That is not necessarily true Ron. If the country where it takes place recognizes it the US will recognize it as well.
  • 08-04-2017, 05:15 PM
    flyingron
    Re: Can I Get an Annulment Abroad if I Married in the USA
    Quote:

    Quoting llworking
    View Post
    That is not necessarily true Ron. If the country where it takes place recognizes it the US will recognize it as well.

    The US as a whole doesn't have a policy of "recognition." Each state has it's own rules.

    New York (as specifically mentioned) does NOT just automatically recognize any foreign divorce.
    In order for New York to consider it valid, several conditions must be met.

    Both parties must have received proper notice of the proceedings.
    The party instigating the proceeding must have a physical presence in the country that the proceedings took place in.
    The responding spouse must have made some appearance in or submission to the proceedings.

    See the US State Department guidance: https://travel.state.gov/content/pas...al-issues.html

    NY divorce recognition is largely laid out in case law (Gould v. Gould, Jackson v. Jackson, etc...). The above criteria embody the sense of the NY law.
  • 08-05-2017, 08:50 AM
    Mr. Knowitall
    Re: Can I Get an Annulment Abroad if I Married in the USA
    The broad rule is that most states will recognize a foreign order of dissolution of marriage, provided the nation at issue observes basic due process. As with any foreign judgment, it is possible for one of the parties to object to the domestic registration of a judgment based upon irregularities in the foreign proceedings.

    If you're in doubt as to whether your foreign dissolution will be recognized in the United States, it makes sense to determine its validity before you remarry. If your "former" spouse later disputes the divorce, or heirs later dispute the validity of your remarriage during estate proceedings, that can result in a big mess.
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