Legal Question in Family Law in California
Validity re: Dominican Republic Divorce
My friend and his "ex"wife obtained a divorce
in the Dominican Republic in 1994. She is now contesting and claiming duress and will challenge
the validity of this divorce. This is also
her second mexican divorce from a prior husband.
This is the question: Are both divorces legal
and recognized in California? I might add that
she participated and was present during the
Dominican Divorces. Thank you.
1 Answer from Attorneys
Re: Validity re: Dominican Republic Divorce
If the divorce was legal in the DR, and due process (notice and opportunity to be heard) was present, it will be recognized in our courts. A separate issue is a motion to set aside based upon duress. That motion must be brought within 2 years of entry of judgment, under CA law. Don't know what DR law is in that regard.
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