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Is the UK divorce valid in the USA given that we also married in New York?

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  • Is the UK divorce valid in the USA given that we also married in New York?

    UK resident
    Married in UK in 1998 also married in NY in 1998 (to the same US citizen)
    After a few years of living in England my husband returned to the USA and I subsequently divorced him in the UK courts 2008. Is the UK divorce valid in the USA given that we also married in New York? Or will there have to be a US divorce to dissolve the US part of the married. Confused? I am!!

  • #2
    re: Is the UK divorce valid in the USA given that we also married in New York?

    I wish to inform you that your UK divorce will be valid in USA. n this regard while obtaining divorce you must have informed court that you have done two marriages and that now you intend to take divorce. If divorce is obtained through merit and not by fraud then it will be allowed by courts of USA.

    AFF

    Comment


    • #3
      Re: Is the UK divorce valid in the USA given that we also married in New York?

      Originally posted by redjules View Post
      UK resident
      Married in UK in 1998 also married in NY in 1998 (to the same US citizen)
      After a few years of living in England my husband returned to the USA and I subsequently divorced him in the UK courts 2008. Is the UK divorce valid in the USA given that we also married in New York? Or will there have to be a US divorce to dissolve the US part of the married. Confused? I am!!
      It depends upon the date you filed as married in the U.K. Since you married subsequent to the U.K. divorce in the U.S., did you recite both dates in your U.K. petition?

      When one is before the court the purpose is to dissolve the marriage. If you took out a license subsequently in the U.S. and failed to mention that in the U.K. petition, say you filed to dissolve your marriage contracted in February of that year (U.K.) and neglected to state that you also married in the U.S. in, say, August, the court would only have the U.K. contracted marriage before it to dissolve.

      I can bet you are confused. I think anyone would be. But the law is very specific. It can only rule on what it has before it. You have a complicated situation by marrying twice -- and then probably applying only to dissolve the first contracted marriage -- the one in the U.K.

      You may petition the U.K. court to acknowledge the second contracted marriage, the one in the U.S., and dissolve that one as well.

      My suggestion is you seek the advice of a family law solicitor to aid in clearing up the record.

      Comment


      • #4
        Re: Is the UK divorce valid in the USA given that we also married in New York?

        Thank you for your responses. What would be the situation if either one of us wanted to remarry now? He is resident in the US I am resident in the UK. Is the onus on him to dissolve the marriage in the US, as I completed the one in the UK, and was only told to add the first marriage in the UK.

        Comment


        • #5
          Re: Is the UK divorce valid in the USA given that we also married in New York?

          Since he is still residing in NY, you may file for a divorce in the county/borough in which he resides.

          With the fact that you did not apply to dissolve the later marriage entered into in the US, you may risk bigamy charges if you remarry prior to dissolving the US contracted marriage.

          Comment


          • #6
            Re: Is the UK divorce valid in the USA given that we also married in New York?

            Im also confused, how could you get married twice in the first place, if you got married in the uk you are married..end of.
            I am a uk citizen married in the u.s and divorced in the uk. The marriage although taken place in the usa was legal in the uk therefore divorce was granted in the uk.

            Comment


            • #7
              Re: Is the UK divorce valid in the USA given that we also married in New York?

              Originally posted by redjules View Post
              UK resident
              Married in UK in 1998 also married in NY in 1998 (to the same US citizen)
              After a few years of living in England my husband returned to the USA and I subsequently divorced him in the UK courts 2008. Is the UK divorce valid in the USA given that we also married in New York? Or will there have to be a US divorce to dissolve the US part of the married. Confused? I am!!
              The divorce would dissolve the marriage as long as the petition gave both dates of marriage.

              If you only listed the UK ceremony, then the choice would be to have the UK divorce file reopened to list the second date so the court can decisively grant a divorce that covers both. A technicality, but an important one when people have two ceremonies in two countries at that. If you have a decree clearly stating that the marriage is dissolved -- both ceremonies, then the decree would be given recognition in the US.

              The other choice if both marriage dates were not listed is to file in New York, listing the New York date of marriage. That way you can be certain the marriage is completely dissolved.

              Comment


              • #8
                Re: Is the UK divorce valid in the USA given that we also married in New York?

                Originally posted by Unregistered
                Im also confused, how could you get married twice in the first place, if you got married in the uk you are married..end of.
                I am a uk citizen married in the u.s and divorced in the uk. The marriage although taken place in the usa was legal in the uk therefore divorce was granted in the uk.
                People often marry twice, most often a civil ceremony and then a religious ceremony some time afterwards. My son married first in Germany and then a religious ceremony in Estonia where her family was located. In each case they took out a license.

                When they divorced in the U.S., they listed both dates of marriage.

                Comment


                • #9
                  Re: Is the UK divorce valid in the USA given that we also married in New York?

                  Ok well maybe you can help me then, uk citizen married u.s in usa, came back to uk and completed divorce, my ex is now in texas and just trying to refinance house but they wont accept our divorce decree, they are saying its not legal. Ive had a few issues where the usa thinks that. Like they wont accept uk notary even though uk notaries are officials like lawyers whereas in usa they can be pretty much anyone that wants to be one.
                  Just because it looks different doesnt mean its not legal, ive googled alot and I get plenty of answers about usa divorce being granted in uk but nothing about issues using decree in usa...

                  Comment


                  • #10
                    Re: Is the UK divorce valid in the USA given that we also married in New York?

                    Originally posted by Unregistered View Post
                    Ok well maybe you can help me then, uk citizen married u.s in usa, came back to uk and completed divorce, my ex is now in texas and just trying to refinance house but they wont accept our divorce decree, they are saying its not legal. Ive had a few issues where the usa thinks that. Like they wont accept uk notary even though uk notaries are officials like lawyers whereas in usa they can be pretty much anyone that wants to be one.
                    Just because it looks different doesnt mean its not legal, ive googled alot and I get plenty of answers about usa divorce being granted in uk but nothing about issues using decree in usa...
                    Without knowing more about how the divorce was effected, no one could comment on whether or not it was legal or not.

                    The US gives recognition to marriages and divorces of other countries -- as long as they were done according to that country's laws. The principle is called comity.

                    One way to solve the problem is to take the decree to court to get a declaratory judgment of Full Faith and Credit given to the UK decree by a Texas judge. Better yet, from a federal judge. That way it can go across the country and any state has to honor it.

                    The procedure should be relatively simple if drawn and presented by a knowledgeable attorney whose practice includes some international law and federal court practice.

                    Comment


                    • #11
                      Re: Is the UK divorce valid in the USA given that we also married in New York?

                      Originally posted by Friend In Court View Post
                      Without knowing more about how the divorce was effected, no one could comment on whether or not it was legal or not.

                      The US gives recognition to marriages and divorces of other countries -- as long as they were done according to that country's laws. The principle is called comity.

                      One way to solve the problem is to take the decree to court to get a declaratory judgment of Full Faith and Credit given to the UK decree by a Texas judge. Better yet, from a federal judge. That way it can go across the country and any state has to honor it.

                      The procedure should be relatively simple if drawn and presented by a knowledgeable attorney whose practice includes some international law and federal court practice.

                      It was completed correctly, its ridiculous that if the usa recognizes other countries divorce system yet I still have to jump through hoops and now pay for another attorney just to prove its legal. I havent found anything online about the usa acknowledging other divorces though, I am waiting to hear back from local lawyers but so far no luck and I am remarrying in a matter of weeks and have only just been told of this issue

                      Comment

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