If I was married in Mexico to Mexican citizen who also currently resides there, is my “Mexican marriage” valid here in order to obtain a legal divorce?

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If I was married in Mexico to Mexican citizen who also currently resides there, is my “Mexican marriage” valid here in order to obtain a legal divorce?

He is the biological father of my daughter, but she was born before we were married. I recently tried to file for divorce, and it was declined due to failure to establish paternity. Which I am not interested in doing since he has not communicated with her in 3 years. Our marriage was performed at a civil registry, and I obtained permission to marry a national from the embassy. We were given a marriage certificate with our signatures, a stamp from the judge, and that’s it. There is no seal. I never did anything to register the marriage either here in the US or in Mexico. Should I refile?

Asked on June 17, 2015 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Marriages valid in other countries are accepted here as valid in the United States. So if it was legal in Mexico it is legal in the US.  The sickler would be your daughter and notice to him of the filed petition. What you are saying here is that she is technically not an "issue of the marriage" becuase she was born prior. I would speak with an attorney in your state on a consultation basis if this loop hole is enough to get you through. Good luck.


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