Buffalo, NY asked in Divorce and Family Law for New York

Q: Can you be legally married in 2 places?

My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?

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1 Lawyer Answer

A: Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation recognizes a marriage that occurs in the United States depends on the law of that other nation. In recent times, for instance, the United States allows same-sex marriages, but many foreign nations do not recognize same-sex marriages. Another example, many US states allow underage marriages where one spouse is under 18 years of age. Many nations do not recognize underage marriages.

In general, a marriage performed in another nation consistent with that nation's laws will be recognized in the United States. There are exceptions if the marriage is contrary to US public policy. One example of this is a bigamous marriage. Until recent years, same-sex marriages fell within this exception as well.

Be aware that many people have only a symbolic wedding--not a legal wedding--in another nation (sometimes referred to as "destination" weddings). A wedding that is not legally binding in another nation under that nation's laws does not create a legal "marriage." German marriage laws have some distinct differences than the US, including prior public announcements, proof that the groom has fulfilled his military obligations, and parental consent (regardless of age) for first marriages.

Also, be aware that other nations do not necessarily recognize all US divorces. For example, many nations do not recognize US decrees from no-fault, contested divorces.

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