Legal Question in Family Law in Washington

I am from Ireland and have relocated to Washington state which I am now a permanent resident. Before relocating I was separated with my wife who still resides in Ireland and never came with me to Washington. My question is, if I file for divorce from Washington state, does the divorce have jurisdiction and recognizable in Ireland? (Ireland has a law that the couple needs to be separated from each other for 4 years before being able to apply for divorce but perhaps, since I am now domiciled in Washington, I am hoping divorce proceedings from here will get around the 4 year Irish law wait period)


Asked on 2/10/15, 8:31 pm

2 Answers from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

I am afraid you do not have an easy or simple resolution to this matter. Because your wife has never been present in Washington State or even the United States, you will not be able to get personal jurisdiction over her unless she voluntarily agrees to it. But even such an agreement to subject her to the jurisdiction of Washington State courts is not the answer as our courts could not issue orders which could affect property rights and other issues in a foreign country. The best advice for you is to consult with a domestic relations or matrimonial lawyer or solicitor in Ireland to see what your best course of legal action would be. After you do that you may be able to pursue a course of action here in the United States.Good Luck!

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Answered on 2/11/15, 8:00 am
Amir John Showrai The Pacific Law Firm, PLLC

I would differ from the above answer in one respect. Since you are a resident of Washington, the Washington Superior Court has jurisdiction over your marriage and can dissolve that relationship. Thus, you can be divorced here, regardless of Irish law. However, the Court here would not have the power to order your wife to do anything such a sign over a deed, nor to compel awards of property or debts, if those were incurred or are located outside Washington. If your wife submitted herself to personal jurisdiction in Washington, which she can do, then the court has more power than without her agreement. The Washington court can even make an award of your foreign properties and debts, but if the other side does not follow the order, you will need to register the Washington judgment in Ireland, then ask an Irish court to enforce it. This can get complicated, which is all the more reason why you should consult an Irish attorney first.

If this is a matter of dissolving your marriage and worrying about everything else later, or if there is no assets or debts in Ireland, then you can proceed here. However, you will need to return to Irish courts to deal with any remaining issues later. Again, this is why it's a good idea to consult with an Irish attorney before you proceed here. My point is merely that you can dissolve the marriage itself here.

To answer your direct question, about whether the Washington divorce will be recognized in Ireland, I would say that is a question for an Irish attorney. I'd be shocked if it weren't, since Washington would recognize an Irish divorce of an American living there, but you still have to check.

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Answered on 2/12/15, 12:52 pm


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