Legal Question in Family Law in Massachusetts
Is divorce valid?
My husband and I are originally from Colombia and we were married there. We have been living in the USA for the last 10 years. We engaged the services of an attorney in Colombia and we got a Colombian divorce. We were both living in the USA at the time it was completed. Would that divorce be recognized in MA, or would we have to get a US divorce? Thank you.
2 Answers from Attorneys
Is divorce valid?
Jurisdiction of the divorce is technically where you establish legal residence. If no one challenges the authority of the Columbian divorce, then it is probably of no problem. If someone does, then one has to examine the facts related to the divorce as I said.
Re: Is divorce valid?
If the Colombian court had valid jurisdiction, without fraud or deception from the parties, Massachusetts would normally honor it as a legal decree. There is a presumption that the judicial actions of other nations are valid, at least when both parties participated in the legal process.
Why do you need this at this time? Is there an issue of remarriage? In this case, a municipal clerk is unlikely to challenge a properly sealed certificate from Colombia showing that you are divorced.
Or does one of you want to file a Massachusetts divorce in the hope of doing "better" financially? In this case, the other party can and should argue the validity of the original divorce. If the original divorce was valid, you are not married, and not entitled to a divorce.