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Getting Married in a Surrounding Country?

Discussion in 'Expat Section' started by Texsinbad, Jul 26, 2012.

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  1. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    Tom, nice story and thanks for sharing. Me too :-)
     
    PatO, Jul 29, 2012
    #21
  2. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    My concern for getting married in another country would be their divorce laws, local lawyer fees and how much I will have to pay the girl in the divorce when it goes south.....not the getting married part (most of us know it's going to be easier to do just about anything in another country when the government is involved).
     
    Rye83, Aug 13, 2012
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  3. shadow

    shadow DI Forum Luminary

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    Generally a divorce obtained anywhere is valid most everywhere, excepting the Philippines of course, where that is not necessarily the case. One does not need to obtain a divorce in the same country as the marriage took place for it to be valid.

    Larry
     
    shadow, Aug 13, 2012
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  4. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Yes, even if you were married in the Philippines you can get a divorce in your home country. However, this is a long and expensive process (at least in the US). Most lawyers in the US will give you the deer in the headlights look when you ask for it as well. Only a specialized divorce lawyer will know how to proceed with that process. The best option is to file for abandonment, that takes up to two years in the US though. It is just easier to get a divorce in the country you were married in. The state I was divorced in required a 2 month waiting period (giving time for the parties to make ammends) before a divorce decree was issued, some states are shorter and some longer. Always good to know the divorce laws.
     
    Rye83, Aug 13, 2012
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  5. shadow

    shadow DI Forum Luminary

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    Every state has different divorce laws. Not sure what state you are from, most states the process is identical to that of a domestic marriage. We serve divorce papers from the US and Australia on a regular basis, and have had several visa clients who have gone through the process in various states. As near as I can tell, there was no difference between the divorce procedure regarding where the marriage took place.

    Larry
     
    shadow, Aug 13, 2012
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  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I married an American Filipina in the US in a small town in Indiana. The divorce lawyers have never dealt with international divorcethere much I'm sure. They could have pulled out the law books and figured it out I'm sure but you know that the second they lift a finger the hourly rates start. Indiana law said that you had to be divorced in the same county (county not country) that you were married in. I'm not sure what the law reads on international divorces. The talks I had with divorce lawyers about international divorce were personal friends I had in Indiana. None of them knew for sure on how to proceed with that.

    Might sound a bit confusing, my marriage and divorce was not an international one, just an expensive one in the US. This was just a situation I tried researching for future reference in case I ever had a serious lack of judgment and got married here. If ever I found that someone I would marry I would look for another country to do it in based on current bullshit filipino laws and bureaucracy.
     
    Rye83, Aug 13, 2012
    #26
  7. shadow

    shadow DI Forum Luminary

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    I just did a search on Indiana divorce laws and find nothing that states the divorce must take place in the same county that the marriage did, or anything of the sort. All I find is that one or more of the parties to the divorce had to be a resident of the county where the divorce takes place, just like most anywhere else in the world. Those bullshit Filipino laws have no bearing on a divorce in the US, or any country other than the Philippines and the Vatican.

    Residency Requirements for an Indiana Divorce - Indiana Divorce Source

    Indiana Divorce Laws and Guidelines. File for Divorce in IN

    Divorce Support - Indiana Divorce Laws

    A google search for "Indiana divorce requirements" will turn up many pages of sites that list the requirements for Indiana divorce, ALL list the residency requirement, but NONE of the dozen or so sites I looked at list the law you cite as a requirement. NONE list any differing requirements for an international marriage.

    No offense intended, but it sounds to me like you needed to talk to better lawyers.

    We had a visa client from NH who married a Filipina in the Philippines in May of 2011. We served divorce papers on her in November 2011 on Leyte. By Feb 2012 his divorce was final in NH, and he petitioned a different girl for fiance visa. They were married in NH last week.

    Larry
     
    shadow, Aug 13, 2012
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  8. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    No offense taken. My lawyer was a douche and I took his word on the laws. Apparently he was trying to make more money by claiming he had to drive to the county I was married in. My divorce was quick and that was my concern at the time...so I guess I got what I wanted.

    So a question that I have now is; why would you divorce in a state that has strict rules on divorce if you can just email a lawyer in a friendlier divorce state and cut out the BS?

    Another question; I have a friend, filipina, who was married here. She claims that the husband is going to divorce her in his home country, Canada, and he claims this process will take at least a year. Both claim to want the divorce and neither are fighting for property and no kids are involved. Why should this process take so long?
     
    Rye83, Aug 13, 2012
    #28
  9. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Nevermind about the state divorce question. Your "residence" part is the obvious reason why you can't divorce in Nevada if you were married in Texas.
     
    Rye83, Aug 13, 2012
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  10. shadow

    shadow DI Forum Luminary

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    Why indeed? I think all states (and countries) have residency requirements, with the possible exception of Nevada. I am not familiar with Canada's laws, but a year+ for an uncontested divorce seems a bit extreme to me. Maybe some of the Canadians on the board can elaborate.

    Larry
     
    shadow, Aug 13, 2012
    #30
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