Foreign Divorce: How Do You Know If It Is Valid?

Marriage and divorce are generally considered matters reserved to the states rather than to the federal government. There is no treaty in force between the United States and any country on enforcement of judgments, including recognition of foreign divorces.

RECOGNITION BASED ON COMITY:

A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity 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.

Although full faith and credit may be given to an ex parte (one party to the divorce action is absent) divorce decree, states usually consider the jurisdictional basis upon which the foreign decree is founded and may withhold...read more about foreign divorce