When is an overseas marriage considered legal?

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When is an overseas marriage considered legal?

I am an American and I married a Nigerian in Hong Kong. Marriage went bad on day one. I left with the original marriage certificate. A fake marriage certificate was submitted by my husband at the registrar in Hong Kong with a forged signature and a false stamp. I never registered this marriage in the USA because it went bad the first day. I have not seen him for 2 years. Am I considered married in the US since there is no legitimate documentation is on file?

Asked on June 20, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 12 years ago | Contributor

Here is the problem: the registrar in Hong Kong has no idea that the documents submitted were fake or forged so by all intensive purposes you ARE married in Hong Kong.  Now, from the way I see it you have two options: go back to Hong Kong and contest the marriage - not really an option since there is a valid certificate just not the one on file and do you really want to start lying about things there? - or to register the marriage here a legal and given credence under the Full Faith and Credit clause of the constitution, and then get a divorce in Pennsylvania.  Get some legal advice from an attorney in your area.  Good luck to you. 


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