If I was married in Mexico to Mexican citizen who also currently resides there, is my “Mexican marriage” valid here in order to obtain a legal divorce?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was married in Mexico to Mexican citizen who also currently resides there, is my “Mexican marriage” valid here in order to obtain a legal divorce?

He is the biological father of my daughter, but she was born before we were married. I recently tried to file for divorce, and it was declined due to failure to establish paternity. Which I am not interested in doing since he has not communicated with her in 3 years. Our marriage was performed at a civil registry, and I obtained permission to marry a national from the embassy. We were given a marriage certificate with our signatures, a stamp from the judge, and that’s it. There is no seal. I never did anything to register the marriage either here in the US or in Mexico. Should I refile?

Asked on June 17, 2015 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Marriages valid in other countries are accepted here as valid in the United States. So if it was legal in Mexico it is legal in the US.  The sickler would be your daughter and notice to him of the filed petition. What you are saying here is that she is technically not an "issue of the marriage" becuase she was born prior. I would speak with an attorney in your state on a consultation basis if this loop hole is enough to get you through. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption