Many times people obtain divorces in other countries. In the United States, divorce matters are reserved to the states and are not dealt with federally. Divorces obtained in foreign countries are recognized in the U.S. based on the principle of comity (fancy word for being (considerate”). Under the principle of comity, a divorce obtained in another country under the circumstances described above receives “full faith and credit” in all other states and countries that recognize divorce.
To have full faith and credit here, two conditions must be met: the parties of the divorce must have had
1) notice of the divorce and
2) an opportunity to be heard.
Here is a checklist of what you should do if you have a foreign judgment of divorce and return to the United States:
1) Contact the Attorney General in your state and tell them about the divorce.
2) Have the foreign judgment of divorce authenticated. An authenticated document is one that a government authority has certified as genuine. You may need certified, authenticated, and/or translated copies of your foreign marriage certificates and/or divorce decrees.
3) Obtain information on foreign laws in the specific country in which the divorce was granted. You can get this information from the foreign attorney who represented the parties in the divorce. This is particularly important to ensure that the parties had 1) notice of the divorce and 2) an opportunity to be heard.
4) You should contact the embassy or consulate of the foreign country in the United States for guidance on how to obtain copies of foreign public documents (such as the divorce judgment). Foreign embassies may require written requests in their language. Enclose copies of pertinent documents and any required fees in the form of an international money order.