Q: Under what circumstances would a Costa Rican divorce decree and alimony payment request be denied in Washington State?
Does Washington State have to accept a divorce decree or alimony requests from Costa Rica?
My wife is Costa Rican. I brought her here on a marriage visa (we married in 2019) and she is now a legal permanent resident. Last October she went home to Costa Rica and didn’t come back.
Would it be more advantageous to apply for the divorce from Washington State as opposed to hiring a Costa Rican lawyer? Costa Rica has lifetime alimony payments, which I am trying to avoid. I have been working with the lawyer that married us in Costa Rica, and am attempting to come to an agreement with my wife. But if I applied for the divorce here in Washington, would I be protected from the Costa Rican alimony, and would it be based on WA laws?
How difficult is it to enforce alimony payments from Costa Rica? Can my wife have my wages garnished in USA if I don’t pay?
And if my wife applied for divorce in CR, could I also file in WA state? Or could I contest it after a CR divorce decree is issued?
A:
Washington State, like other states, generally recognizes foreign divorce decrees under the principles of comity, provided that the decree does not violate Washington State's public policy and the foreign court had proper jurisdiction over the parties. However, when it comes to enforcing or modifying foreign alimony orders, the situation becomes more complex.
If you file for divorce in Washington State, the divorce and any alimony award would be governed by Washington laws, which could potentially offer a different outcome than a Costa Rican court, especially regarding lifetime alimony payments. Washington State does not automatically enforce foreign alimony orders; the foreign decree would need to be domesticated in a Washington court, which would then assess its enforceability under local laws and principles.
Enforcing Costa Rican alimony payments in the United States can be challenging and would likely require a legal process to recognize the foreign judgment in Washington State. Whether your wages can be garnished in the U.S. for alimony ordered by a Costa Rican court depends on several factors, including the ability to successfully domesticate the Costa Rican order in Washington.
If your wife files for divorce in Costa Rica, you could potentially file in Washington State, but issues of jurisdiction and concurrent proceedings would need to be carefully navigated to avoid conflicting outcomes. Contesting a Costa Rican divorce decree in Washington would be contingent upon demonstrating that the Costa Rican court's decree is somehow invalid or unenforceable under Washington State law or U.S. federal law.
Given the complexities of international divorce and alimony laws, consulting with a lawyer experienced in international family law is crucial. They can help you understand your rights and obligations under both Costa Rican and Washington State laws, guide you through the legal process, and advise on the best strategy to protect your interests.
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