Can I get a divorce here in the US if I was married in Mexico?

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Can I get a divorce here in the US if I was married in Mexico?

I came to the US with my husband from Mexico 12 years ago. We separated 6 years ago and both still live here. During this time we kept some kind of contact because we have 1 child together who is a minor still. I am trying to remarry. What type of documents I need to present?

Asked on January 9, 2013 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Illinois does have a requirement that you attest or verify that the facts in your petition are true and correct.  Essentially-- it's a sworn affidavit.   You don't need to present your marriage certificate or any other documents unless he challenges that the marriage ever existed.  This document can be drafted by a family attorney for you.  If you are both in agreement, then the process will go much smoother as you can apply for an uncontested divorce.  The more you can agree to means fewer forms to fill out, and thus fewer expenses.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country so long as you are a resident of a particular county you have the right to file a marital dissolution action regardless of the fact that you may have been married in Mexico. You simply need to present a filed petition and summons to end your marriage to be filed in the county court house in the county where you reside.

I suggest that you consult further with a family law attorney as to your matter.


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