Results 1 to 4 of 4
  1. #1
    Join Date
    Oct 2017
    Posts
    2

    Lightbulb Will a U.S. State Recognize a Foreign Divorce

    My question involves a marriage in the state of: CA
    We are both israeli immigrants, she has a diplomatic job and visa I have a regular work H visa, we've been married for 2.5 years and living in California.
    We got married in NYC in 2014 and registered as married in Israel too.
    I wanted to check if the Israeli divorce certificate be recognized in CA or we would have to get two divorces?

    Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Will a U.S. State Recognize a Foreign Divorce

    If you're both living here why would you get an Israeli divorce?

  3. #3
    Join Date
    Oct 2017
    Posts
    2

    Default Re: Will a U.S. State Recognize a Foreign Divorce

    Quote Quoting Highwayman
    View Post
    If you're both living here why would you get an Israeli divorce?
    We have to. She needs the (foreign) proof we are separated for various reasons.
    Also I don't want to stay married in one country and not in the other.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Will a U.S. State Recognize a Foreign Divorce

    Quote Quoting moloko
    View Post
    I wanted to check if the Israeli divorce certificate be recognized in CA or we would have to get two divorces?

    Thank you

    Under California Family Code section 2091 if both parties to the marriage are domiciled in California at the time of the divorce then California will not recognize a divorce granted by a foreign country. Domicile is the concept of permanent residence. i.e. the place where you have the most ties and to which you always plan to return after a period away (even after a long period away). As you say that you are both “immigrants” that suggests that you both intend the U.S., and California in particular, as your domicile, not Israel. If California is your domicile then you need to get a California divorce. One fact that causes me pause here is that your spouse is evidently an Israeli diplomat and here on a diplomatic visa. Diplomats are generally not domiciled in the country they are assigned to work; they are domiciled in the country for whom they work. Their assignments in foreign countries can end at any time, subject to recall by their own country or subject to being forced out by the host country and their assignments are typically considered temporary; they may last a few years but in the end the diplomat returns to her home country until her next assignment. So the details of the situation with you and your spouse matter in determining which nation is the domicile for each of you.

    Even if California may recognize the foreign divorce (termination of the marriage) it is not automatic that California would enforce any Israeli property division, alimony, child support, or child custody/visitation orders.

    1. Sponsored Links
       

Similar Threads

  1. Application & Eligibility: State Won't Recognize Vocational School Course for License Qualification
    By chaliea in forum Professional Licenses
    Replies: 4
    Last Post: 05-14-2016, 11:40 AM
  2. Promotion: Employer Won't Recognize Out-of-State, Online Graduate Programs
    By Summoner12 in forum Employment and Labor
    Replies: 6
    Last Post: 11-12-2015, 08:02 AM
  3. Divorce: Will the U.S. Recognize a British Divorce
    By anonymoosh in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 11-25-2013, 07:24 PM
  4. Property Division: Overseas Pension Plan Will Not Recognize U.S. Divorce Judgment
    By usmprez in forum Divorce, Annulment and Separation
    Replies: 7
    Last Post: 08-23-2010, 04:53 AM
  5. Emancipation: Does New York State Recognize Florida's Adulthood Status of 18
    By NYstepmom in forum Juvenile Law
    Replies: 4
    Last Post: 04-14-2009, 11:12 AM
 
 
Sponsored Links

Legal Help, Information and Resources