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

Q: How does divorce work if married in 2 countries with the same person?

My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?

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2 Lawyer Answers
David P. Badanes
PREMIUM
Answered

A: If your Mother gets divorced in Mexico, it would be valid in the U.S.

A: Thank you for reaching out. The divorce process for your parents will involve considering the laws of both the United States and Mexico.

Since your parents were married in Mexico and also obtained a marriage license in the United States, it's essential to determine which country's laws will govern the divorce.

In the United States, divorce laws vary by state. If your father files for divorce in the United States, the court will likely recognize the Mexican marriage and may grant a divorce. However, the divorce decree may not be automatically recognized in Mexico.

In Mexico, divorce laws also vary by state. If your mother wants to ensure that the divorce is recognized in Mexico, she may need to obtain a divorce decree from a Mexican court or have the U.S. divorce decree recognized by a Mexican court through a process called "exequatur."

To avoid potential complications, it's recommended that your parents consult with attorneys in both the United States and Mexico who are familiar with international divorce laws. This will ensure that the divorce is properly handled and recognized in both countries.

Best regards,

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