How do I register a non-US divorce in the states?
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How do I register a non-US divorce in the states?
My ex-husband and I were married in the US. We moved to Uganda and were divorced there. I’m a missionary who married a Ugandan; he is not an American citizen but I am. I just wanted to know how to register a foreign divorce in the US? There is no such thing as legal and physical custody in Uganda. In the documents I get custody of the children.
Asked on April 17, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are various issues that you need to deal with, the most important being that you have to have satisfied the domicile requirement in Uganda to have the divorce recognized here. According to the US Department of State:
"A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce. Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce."
There are no provisions to register or file a foreign divorce in the US. I am going to give you the cite to look in to things further. It is important to add that I think you should speak with a lawyer regarding the children and custody. Good luck.
http://travel.state.gov/law/family_issues/divorce/divorce_592.html
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