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How to recognize a foreign divorce for a US (California) marriage

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  • How to recognize a foreign divorce for a US (California) marriage

    Hi everybody,

    I am a non-US citizen and I married a US citizen about 18 years ago when both of us lived in Los Angeles. A few years later we relocated abroad where we also got divorced. In order for me to take my maiden name back in my home country I need to have some type of formal recognition of my divorce by a US authority. How does this procedure work in California?

    Thanks for any help,
    Angi

  • #2
    There is a missing piece in your description.

    1. Did you marry in the U.S.?
    2. Did you divorce in the U.S.?
    3. In which country will you require recognition of your divorce?

    Normally, public civil documents can be accepted abroad in one of two ways:
    1. Obtain an Apostille attached to your divorce document, if the divorce occurred in the U.S., ; or
    2. Have a certified copy of your divorce authenticated by the consulate of the country where you intend to send the documents.

    There is no standard "recognition of a foreign divorce" filed with a U.S. government authority. Since your divorce occurred outside of the U.S., it makes no sense to obtain recognition of that divorce to be recognized in a third country. Many folks, however, routinely register their foreign marriages in the U.S., but I've never understood why anyone would bother, since the non-U.S. marriage record/certificate is proof of the legal marriage outside the U.S.

    Also, FWIW, California has no statewide database of divorces in California. Divorce data is housed in county, Superior Court, databases, and proof of a marriage termination will only be available if the divorce actually occurred in a specific county. I can accept the possibility that a country or court clerk might accept proof of the foreign divorce to show a marriage termination, but I doubt that it is an available court option.

    --Ray B


    Originally posted by sausewinds View Post
    Hi everybody,

    I am a non-US citizen and I married a US citizen about 18 years ago when both of us lived in Los Angeles. A few years later we relocated abroad where we also got divorced. In order for me to take my maiden name back in my home country I need to have some type of formal recognition of my divorce by a US authority. How does this procedure work in California?

    Thanks for any help,
    Angi
    Last edited by rayb; 01-30-2017, 04:31 PM.

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    • #3
      My question is the following. I was married in California in 1992. In 2005 we moved to Argentina where we ended up getting divorced in 2016. In order to finish registering our divorce here in Argentina, they are requesting that the divorce first be registered in California.
      I have explained to them that there is no registration of divorces in California if it is foreign, but they insist on seeing it in writing. Of course I can't find anything anywhere that says foreign divorces are not registered. Any ideas on where I could find it in writing? I've been fighting this for 2 years now and just want to finish with this divorce!

      Thank you in advance for any help you can give!

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