Divorce laws can be undeniably complex. Each state has its own set of divorce laws that function independently from other states, making it somewhat difficult to anticipate how the process will go or what the outcome will be in the end. Anyone who is arriving in the United States with divorce papers from a foreign nation faces similar challenges, which is why it’s important for anyone with a divorce from abroad to look into U.S. laws before moving.
The Bureau of Consular Affairs outlines what to expect with divorce abroad, and that is where an immigrant will likely be able to find most of the information that they need in order to successfully move with their divorce intact. For example, the number one question is whether or not foreign divorce papers will be valid in the U.S. at all. The answer to this question is complex, but boils down to yes, usually. Most cases are determined on a state-by-state basis, so it is important for immigrants to look up information on the applicable laws in the state to which they are moving.
According to the U.S. Department of State, an immigrant should be prepared to prove the validity of their divorce no matter what state they are going to. This primarily means bringing along official paperwork such as copies of foreign marriage certificates, copies of foreign divorce laws, and a copy of the divorce decree itself. If a person is moving here to New Jersey, additional questions can be directed toward the Attorney General, especially if they want to make sure that our state recognizes their divorce as valid.
In most cases there isn’t much trouble with an immigrant continuing to have their divorce recognized. As long as they understand and follow the state laws and are prepared to show that they have also correctly filed for divorce in their country of origin, the process is usually smooth. It’s worth pointing out, however, that issues can arise, which may necessitate the need to obtain a skilled lawyer who can help you obtain the right paperwork and get your divorce recognized by the state.
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