Recognizing a Foreign Divorce Decree in California
My question involves divorce in the State of: California
I'd like to ratify my divorce decree issued in Brazil in the state of California.
We are both U.S. citizens who currently live in Brazil where the divorce was issued. We´ve been residents of Brazil since 2003 but we were married in San Francisco, California where we lived for over 12 years before moving to Brazil.
Do we need to hire the services of a private lawyer to ratify the Brazilian divorce decree with the General Attorney´s Office in CA? If not, could you please instruct us on how to proceed?
Thank you in advance,
Roberta
Re: Recognizing a Foreign Divorce Decree in California
The purpose of the ratification is what? Does your ex- dispute the validity of the divorce? Are you trying to give effect to child custody provisions? Provisions relating to the division of property?
Do you presently have an authenticated copy of the foreign divorce decree, along with a certified translation of the divorce decree suitable for use in a U.S. court?
Re: Recognizing a Foreign Divorce Decree in California
There is no dispute. The purpose is to make our divorce effective in the U.S. for all legal purposes since we may move back. In the case, it would be important to give effect to child custody provisions. Even if we don´t, we´d like to be able to file taxes in the U.S. as divorced, have no financial liability, and be able to remarry in the U.S.
We have a copy of the decree authenticated by a Brazilian public notary. It is our understanding that we need to have it certified at the U.S. Embassy in Brazil, then send it to a certified translator who can notarize the translation in the U.S.
The State Government link provided by the U.S. Embassy suggests that we need to go through the General Attorney´s Office in California.
Therefore, it is not clear if all we need is send the certified and notarized divorce decree to the US authorities (such as passport agency, social security, IRS, etc) or if we need to go through the Attorney´s Office in CA or a U.S. court.
Thank you,
Roberta