Does the U.S. Recognize Divorces Obtained Abroad?

By Julie Purcell

Many U.S. citizens desire to obtain a divorce while living abroad. There are things you’ll need to know if you do choose to divorce while outside of the United States. Divorce laws can differ greatly from country to country. Rules regarding child custody and division of assets can differ as well. If your spouse is a citizen of the host country, he or she may have more rights than you do as a foreigner. Always make sure you understand the local laws and procedures and seek the advice of a reputable lawyer prior to making any decisions. We hope the information below will be helpful to you.

If you are an American civilian living abroad you can get divorced. Divorce obtained overseas is recognized by the United States based on comity, a principle that all countries that recognize divorce give full faith and credit to divorces obtained abroad. There are two requirements for recognition of overseas divorces by comity: (1) both parties received sufficient notice of the proceedings, and (2) one of the parties was a domiciliary of the foreign nation at the time of the divorce.

There is no requirement that foreign divorces must be registered in the U.S., however, there is a requirement that the divorce records be brought to a U.S. embassy to have a U.S. seal placed along side the foreign seal on those documents. In order to do this, you will have to obtain a certified copy of the foreign divorce decree from the court where the divorce decree was issued. Then have the document authenticated for use in the United States by a U.S. embassy. If needed, English translations may be certified by translators in the U.S. before a notary public.

If you were originally married in Illinois, then there is a requirement to register your divorce with the county clerk’s office where your marriage decree was issued. This is also a requirement for many other states, including Arizona, Colorado, Georgia, Kentucky, Minnesota, Montana and Washington.

Questions regarding the validity of foreign divorces in particular states in the United States should be referred to the office of the Attorney General of the state in question. Laws regarding foreign civilian divorce are unclear and complicated. Meeting with an experienced family law attorney will help you understand your options.

To find an attorney or to obtain more guidance about Illinois family law, please visit http://www.findgreatlawyers.com/HotTopics/IllDivorce.htm, a leading resource for referrals to Illinois divorce lawyers.