Legal Question in Family Law in New York

If a person gets married out of the country, Jamaica...

Does he need to file marriage papers in NY in order to make the marriage legal? This was never done.

My brother, was married in Jamaica over 20+ years ago and subsequently tried to finalize the divorce here in the states but never was able to locate wife... he actually never lived w/ her and only filed marriage certificate to get his daughter into the states...

He subsequently got married in Florida w/ 4 years ago and he lives in NY w/ his wife?

Is there an issue w/ his marriage in the United States? Is it legal? I was told since he never filed the marriage certificate from Jamaica in the United States the marriage would not be recognized but the US marriage would be?

I received 2 conflicting answers so my specific question is?

Does he need to proceed w/ divorce proceedings for the Jamaican marriage or No bc the marriage was never filed in United States and recognized as a marriage in the United States? Thus the United States marriage is valid? His concern is that the marriage in the US is valid and recognized as a legal marriage.


Asked on 3/28/11, 1:06 pm

1 Answer from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

The answers do not conflict. He was still married from the Jamaica marriage, no filing in NY was necessary. His current marriage is not valid.

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Answered on 3/28/11, 1:09 pm


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