Results 1 to 9 of 9
  1. #1
    Join Date
    Oct 2014
    Posts
    3

    Default Divorcing From a Same-Sex Marriage

    My ex wife (US citizen) and I (Mexican) where living in NM and married in Iowa (as it was the closest state that allowed same-sex marriage at the time). We moved to Mexico and eventually decided to split up. We want to get a divorce but, if we want to do it in Mexico (where we are both currently residing) we need to first make the US marriage legal here (aka, get married) and then file for divorce. I find this ridiculous.

    But if we want to file for divorce in the US, from what I have read, one of us needs to be a resident of the state we decide to file in. Since we both live in Mexico now and have no plans to move to the US, I have no idea what to do.

    If the marriage was done in the US, do we need to get a divorce there? Or since we are both residing in Mexico we need to file for divorce here?
    Is there any way we can file for divorce in the US while residing in Mexico? We wouldn't mind travelling to the US and filing for divorce there.

    Any help would be greatly appreciated!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorcing From a Same-Sex Marriage

    You can get a divorce in any jurisdiction where the law permits the divorce, and where you meet the residency requirements. You will need to independently research each jurisdiction, as laws vary by state.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorcing From a Same-Sex Marriage

    What is required in Mexico will be based on Mexican law. I have no idea what they require.

    If if you want to be divorced in the U.S., somebody would have to actually establish residency in the state they wish to file for divorce.

  4. #4
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Divorcing From a Same-Sex Marriage

    It's really hard to get divorced in a state that doesn't recognize same-sex marriage to begin with.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Divorcing From a Same-Sex Marriage

    Quote Quoting BooRennie
    View Post
    It's really hard to get divorced in a state that doesn't recognize same-sex marriage to begin with.
    The full faith and credit clause of the Consitution should override the states stand of not allowing same sex marriages within their borders. While they can dissallow same sex marriages to take place within their borders, the Consitution should compel them to recognize the SS marriages from other states.

    has anything regarding this been taken to the SCOTUS? I know it was dealt with regarding federal issues and doma was trimmed a bit due to that. No idea if any states issues have made it that far yet.

    but if the OP is moving to a state to establish residency for the purposes of a divorce, they might as well move to a state that recognizes SS marriages.

  6. #6
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Divorcing From a Same-Sex Marriage

    Quote Quoting jk
    View Post
    The full faith and credit clause of the Consitution should override the states stand of not allowing same sex marriages within their borders. While they can dissallow same sex marriages to take place within their borders, the Consitution should compel them to recognize the SS marriages from other states.

    has anything regarding this been taken to the SCOTUS? I know it was dealt with regarding federal issues and doma was trimmed a bit due to that. No idea if any states issues have made it that far yet.

    but if the OP is moving to a state to establish residency for the purposes of a divorce, they might as well move to a state that recognizes SS marriages.
    It should, but it doesn't. I'm sure SCOTUS will be hearing something about it.

  7. #7
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Divorcing From a Same-Sex Marriage

    Thank you so much for all the replies!!

    So, basically if I wanna get a divorce in the US I would have to move back there?

    My main concern is that if I were to get a divorce in Mexico, would it be valid in the US?

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorcing From a Same-Sex Marriage

    Divorcing in Mexico is a big mistake. There are several ways the process can be rendered fraudulent and therefore not recognized. You must also be a legal resident of Mexico (FM3 or more) to be the one that files. If I were the US citizen, I would come back to the states, reestablish residency in a state and divorce your spouse.

  9. #9
    Join Date
    Oct 2014
    Posts
    3

    Default Re: Divorcing From a Same-Sex Marriage

    I am a Mexican citizen so residency wouldn't be a problem. But yeah, that's my concern, will a divorce made in Mexico be considered legal in the US (since that's where we got married). It's not that simple to just up and leave everything here in Mexico and basically start a new life in the US. I mean, to me it would be nearly impossible, and to my ex it would be very difficult because, even though she is a US citizen, she's been living here for 3+ years, her life is here now. Is there really no way for an expat to get a divorce without residing in the US? I would understand if you had to move there for a bit while the paperwork comes through or something but completely move there just for a divorce?

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Divorcing an Immigrant
    By jenny.rivera239 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 06-25-2013, 09:12 AM
  2. Marriage: Divorcing from a Fraudulent Marriage to Marry a Different Citizen
    By davegod2 in forum Visas for Business, Tourism and Family
    Replies: 18
    Last Post: 03-08-2012, 01:31 PM
  3. Divorce: Divorcing a Spouse Who Has Never Been to the U.S.
    By aloktiwari in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-08-2011, 03:01 PM
  4. Marriage: Divorcing an I-485
    By strtme in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-04-2008, 08:52 PM
  5. Annulment: Divorcing/Annulment within 3 months of marriage
    By gladiator2043 in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 03-02-2005, 05:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources