International divorce (USA, Green Card)

[raykobg]

Hello,

Me and my wife were married in Bulgaria, we both are living in USA with Green cards ( she won a green card from the Lottery while we were living in Bulgaria and we came together to USA)

Can we get divorced in Bulgaria and will this be recognized in USA ?

I bought 2 condos in USA - can she have any legal right on them - if we divorce in Bulgaria and are not yet US citizens ?

[AFFA]

Re: International divorce (USA, Green Card)

I wish to inform you that as you are Bulgarian citizen thus you can take divorce in Bulgaria. Further your Bulgaria divorce will be recognized in USA provided it is taken on grounds which are allowed in USA as well as both the parties must have full opportunity to represent themselves. USA recognizes foreign divorces and hence Bulgaria divorce judgment can be recognized in USA. Lastly your USA houses can be determined by court of Bulgaria but for its enforcement US court order will be required and US will determine its validity which will include US courts view as to merits of decision on which decision is granted.

AFF

[raykobg]

Re: International divorce (USA, Green Card)

Thank you for the below info,

One more question - since we got married in Bulgaria, my wife won green card from the lottery and we came together with green cards in USA, can the divorce endanger my green card since she is the main green card holder.

[Friend In Court]

Re: International divorce (USA, Green Card)

Hello,

Me and my wife were married in Bulgaria, we both are living in USA with Green cards ( she won a green card from the Lottery while we were living in Bulgaria and we came together to USA)

Can we get divorced in Bulgaria and will this be recognized in USA ?

I bought 2 condos in USA - can she have any legal right on them - if we divorce in Bulgaria and are not yet US citizens ?

The best option since there is property here in the US, as long as you both have resided in your state long enough to meet your state's residency requirements for applying for divorce, is to get your divorce in the U.S. You do not have to get divorced in Bulgaria.

The principle of comity requires that a country recognize a marriage celebrated elsewhere as long as it was performed legally in that country. The laws of your state will be applied for the divorce,however. A state has jurisdiction over all real property in it and it would be best to, since you have real property in the state,get your divorce in the state and an order dividing or awarding the property here. It would simplify matters immensely to have a divorce decree in English and all documents to transfer title done in English, properly notarized, in English so they can be recorded with your county's auditor's office.

Some states are community property states where property acquired during the marriage is jointly owned and as equitably as possible, equally divided at divorce.
There are not enough facts in your post for anyone to say what the probable division of property would be because that would depend upon the laws of your state; when acquired, with whose funds, etc.

My recommendation is that you see a family law attorney in the state where you are residing for a consultation.

[Friend In Court]

Re: International divorce (USA, Green Card)

If you have a Bulgarian court attempt to directly award title to properties in the U.S. there will be problems because no Bulgarian court has any jurisdiction over property in any other country.

All a Bulgarian court can do is order one to execute deeds to the other. If they are not in English and properly prepared under the laws of your state, the transfer might not be effective , expensive translation might need to be done, legal descriptions may not be accurate. I suggest you would complicate matters quite a bit by getting a divorce in Bulgaria trying to award property situated in the United States.

If you have not been residing in Bulgaria long enough to meet residency requirements, a divorce petition would be denied.

[Friend In Court]

Re: International divorce (USA, Green Card)

I wish to inform you that as you are Bulgarian citizen thus you can take divorce in Bulgaria. Further your Bulgaria divorce will be recognized in USA provided it is taken on grounds which are allowed in USA as well as both the parties must have full opportunity to represent themselves. USA recognizes foreign divorces and hence Bulgaria divorce judgment can be recognized in USA. Lastly your USA houses can be determined by court of Bulgaria but for its enforcement US court order will be required and US will determine its validity which will include US courts view as to merits of decision on which decision is granted.

AFF

A Bulgarian court may not make any order purporting to directly affect title to real estate in the U.S. They can only order the parties to convey,one to the other.