I married in italy to an italian citizen, and divorced in the Dominican Republic. Would like to know if the divorce obtained in the Dominican Republic is valid in the US, as I' m planning to marry an american citizen. Presently I hold both Dominican and Italian citizenships. Thanks for your advise
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MARRIED IN ITALY DIVIORCED IN THE DOMINICAN REPUBLIC VALIDITY OF DIVORCE IN THE US
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Re: MARRIED IN ITALY DIVIORCED IN THE DOMINICAN REPUBLIC VALIDITY OF DIVORCE IN THE U
I wish to inform you that you divorce will be valid provided divorce is not granted on any ground which is not recognized in USA. Further divorce must have been obtained after following due process of law. Most states generally recognize divorce decrees from foreign countries when the foreign country ensures certain procedural safeguards.
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Re: MARRIED IN ITALY DIVIORCED IN THE DOMINICAN REPUBLIC VALIDITY OF DIVORCE IN THE U
A divorce decree issued in a foreign country is recognized in United States on the Basis of Comity. Basis of Comity means the respect; a Court in one country gives to the other country's laws and judicial decisions. Under the principle of comity, a divorce obtained in another country receives "full faith and credit" in all other states and countries that recognize divorce. Your divorce will be valid if you can prove that you have given adequate notice of divorce or if one of the parties was a domiciliary in the foreign nation at the time of the divorce.
However, it is always advisable to seek the assistance of an attorney who can help answer any questions you may have.
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Re: MARRIED IN ITALY DIVIORCED IN THE DOMINICAN REPUBLIC VALIDITY OF DIVORCE IN THE U
Originally posted by nancymabel2000 View PostI married in italy to an italian citizen, and divorced in the Dominican Republic. Would like to know if the divorce obtained in the Dominican Republic is valid in the US, as I' m planning to marry an american citizen. Presently I hold both Dominican and Italian citizenships. Thanks for your advise
As long as the divorce was obtained regularly, complying with Dominican divorce laws, it should be recognized in the U.S.
Citizenship is not important, nor where the marriage took place.
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Originally posted by Lexus View PostA divorce decree issued in a foreign country is recognized in United States on the Basis of Comity. Basis of Comity means the respect; a Court in one country gives to the other country's laws and judicial decisions. Under the principle of comity, a divorce obtained in another country receives "full faith and credit" in all other states and countries that recognize divorce. Your divorce will be valid if you can prove that you have given adequate notice of divorce or if one of the parties was a domiciliary in the foreign nation at the time of the divorce.
However, it is always advisable to seek the assistance of an attorney who can help answer any questions you may have.
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