Many countries allow citizens living in another nation to file for divorce in their home country. As an individual residing in New York, you may find yourself wondering if the state will recognize your foreign divorce decree and what that means for your future.
We will explore the rules for recognition of a foreign divorce in the Empire State, and how to protect your rights with the help of an experienced Manhattan divorce attorney.
Will New York Recognize a Foreign Divorce Decree?
Foreign divorce decrees are a common occurrence in today’s globalized world. Many people may wonder if their foreign decree will be recognized in the State of New York. The answer to this question is that it depends on several factors.
Generally, a foreign divorce will be recognized if it aligns with US law. New York won’t recognize a foreign divorce that goes against the state’s public policy, for example, if one party was not given proper notice.
New York courts will not validate a foreign divorce unless it meets the following requirements:
- Both spouses must receive adequate notice.
- At least one spouse must be physically present within the jurisdiction of the court issuing the divorce. This generally means visiting the country for the divorce.
- The responding spouse must physically appear in the foreign court or sign a document granting the foreign court permission to make decisions related to the divorce.
How to Validate a Foreign Divorce in New York
If you have obtained a foreign divorce decree and wish to have it recognized in the State of New York, there are several requirements that must be met. You must submit a certified copy of the foreign divorce decree and have it authenticated for use in the United States.
All documents related to your foreign divorce should be translated into English and certified by a translator. These documents can include marriage certificates, divorce decrees, and other legal paperwork.
Navigating through these requirements can be complex without proper legal guidance. It is highly recommended that you seek representation from a skilled Manhattan divorce attorney.
You May Challenge an Ex Parte Divorce Decree
An ex parte divorce decree (known as a “mail-order” decree) is a type of divorce that occurs when only one spouse appears before the court. This can happen if the other spouse cannot be located or refuses to participate in the proceedings.
If you were not properly served with notice of an ex parte divorce proceeding and did not have an opportunity to participate, you may be able to challenge the validity of the foreign divorce decree.
You Have the Right to Seek the Equitable Distribution of Marital Property
Divorce can be a painful and emotional process. It is especially difficult when it comes to dividing the property and assets that you have accumulated over the years with your spouse. Assets obtained during the marriage are generally considered marital property, regardless of whose name is on the title or who paid for it.
The state of New York follows an equitable distribution system in divorce cases. This means that marital property will be divided fairly between both parties based on factors such as income, length of the marriage, contributions made by each spouse towards acquiring assets, etc.
You have every right to seek equitable distribution after a foreign divorce decree is validated by New York courts. Your Manhattan divorce attorney can help ensure that all aspects are considered when determining how marital property should be distributed.
Let a Skilled Manhattan Divorce Attorney Protect Your Rights!
While a foreign divorce decree can be recognized in New York, there are certain requirements that need to be met. It is always best to seek the advice of a skilled Manhattan divorce attorney at the Douglas Family Law Group when dealing with complex legal matters such as this.
With our expertise and guidance, you can ensure that your rights are protected throughout the process and that all necessary steps are taken for a successful outcome. Contact us today at 914-615-9058 to discuss your case!
