Legal Question in Family Law in Michigan

Re: Are Mexican Divorces Legal?

A Mexican divorce that satisfies the requirements for a foreign judgment CAN be held binding within the United States and the State of Michigan. The major problem that I see is that if challenged on the basis that the Mexican court lacked jurisdiction [for example, if the court awarded custody of children located in Michigan], there would be inquiry into the validity of such a judgment. You should, therefore, get the judgment "domesticated" if you want to rely upon it here. Of course, a Mexican Court also has no jurisdiction over Michigan real estate and other such location-related assets, so if the judgment purports to affect such property, at least those provisions will probably be held invalid and unenforceable. It may be possible, however, to use an agreed prior division of property contained in a foreign divorce judgment defensively to show the intent of the parties at the time. On the whole, I would NOT recommend a divorce in a foreign country unless one or both parties reside there [or are a citizen], intend to continue living there, substantial marital property exists there, and you're willing to confirm that the judgment is binding in an American state. There's no sense getting a "quickie" divorce and then spending years in US court trying to sort out the problems it causes; do it right the first time.

Regina Brice

Brice Law Offices

2232 S. Main Street #364