Legal Question in International Law in California

Treaties with Cuba regarding divorce

Client was married in USA in 1937. Wife was American, husband was Cuban. They got divorced in Cuba in 1951. I understand that there is now a treaty to which Cuba is signatory that makes such divorces legal under US law. However, I am unable to find whether there was such a treaty in the early 1950's, and indeed therefore whether a divorce granted under Cuban law is valid within the US?

Many thanks


Asked on 2/11/04, 8:03 pm

1 Answer from Attorneys
Francis R 'Francois' Favre, Esq. The International Lawyer

Re: Treaties with Cuba regarding divorce

At this time I do not know, however there are Federal Books on International Treaties which may be look at. Generally if the divorce was legal at the time under Cuban Law and both parties were actually subject to the jurisdiction of Cuba (i.e., if the plaintiff made a personal appearance and the respondent was personally served) the judgment of divorce could be proved up and enforced in any state (US) as any other judgment under the pertinent local laws. In any case a new (default or otherwise) divorce or dissolution could be had by the party residing in the States. Good luck.

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Answered on 2/13/04, 6:39 am


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