Asked in Divorce for California

Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In general, the validity of a marriage or divorce is determined by the laws of the jurisdiction where it was performed, as well as the laws of the couple's home country or state. California, like most U.S. states, recognizes foreign marriages and divorces as long as they were valid under the laws of the jurisdiction where they occurred.

However, if you get married abroad, then divorce in your home country, and then attempt to marry abroad again, there are several potential legal issues to consider:

1. If your home country recognizes the foreign marriage and grants you a valid divorce, you should be able to marry again abroad, provided that the new marriage is valid under the laws of the jurisdiction where it is performed.

2. If your home country does not recognize the foreign marriage, the divorce granted in your home country may not be valid, and your subsequent foreign marriage could be considered bigamy.

3. If you are a U.S. citizen or resident, you must also ensure that your foreign divorce is recognized by the state where you reside. Some states have specific requirements for recognizing foreign divorces.

To avoid legal complications, it is best to consult with a family law attorney who is familiar with international marriages and divorces, as well as the laws of California and your home country. They can help you navigate the legal process and ensure that your marriages and divorce are valid in all relevant jurisdictions.

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