Legal Question in Family Law in Florida
Still legally married in Florida
My girlfriend was married in Miami and has since received a divorce decree for the same marriage in her own country of Serbia (former Yugoslavia) How does one get the divorce recorded here in Florida? Simple translation of the document and or Apostille stamp on the Serbian Decree?
2 Answers from Attorneys
Re: Still legally married in Florida
The foreign decree must be domesticated. It will be examined for due process.
Re: Still legally married in Florida
If your girlfriend was legally divorced in Serbia, she is legally divorced in Florida. You don't need to do anything here. Under what we call the rule of "comity," Florida recognizes foreign divorces.
If she needs to enforce a provision of the Serbian divorce, such as taking control of a piece of property, she would have to file a petition to domesticate and enforce the Serbian judgment in Florida family court. If your only worry is that you want to make sure she is divorced so that the two of you can marry, you should have no problem.
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