Can a couple be divorced outside of the US if they are both US citizens?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a couple be divorced outside of the US if they are both US citizens?
Me and my husband were married in Pakistan, moved to US, became US citizens, then we went to Pakistan for vacation and he claims he divorced me there. Now I’m back In the US, and I want what ever I’m entitled to. Is this possible? He said it had been 90 days since he signed the papers.
Asked on July 11, 2012 under Family Law, Indiana
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
It is questionable at whether or not he was in Pakistan long enough for the court to have jurisdiction over a divorce. That would be governed by Pakistan's law. As far as the United States is concerned, your individual state retains jurisdiction over child custody under the Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") which is in effect in every state except for Massachussets.
The American state court can, but doesn't have to recognize the foreign divorce judgment. This is a concept known as comity. You should consult with a local divorce attorney and sue for divorce here to preserve your rights.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.