Legal Question in Family Law in Washington

Mexican National and US Citizen Divorce

A Mexican woman and American

man married in the U.S. in 2004 and

have been residing in Jalisco, MX

since. Now the woman wants a

divorce and the husband is not

cooperating. No children were

produced by this union. The man

has had a few girlfriends in Mexico

since their separation. (He is retired

US military and associates with this

community in Jalisco.) The woman

wants to know the best way to

divorce that will protect her

property--which she had more of

before the marriage, as well as

prevent future trouble from her

former spouse once divorced. She

can find very little information about

this in Mexico. She may need a U.S.

attorney who specializes in these

things.


Asked on 1/23/09, 4:13 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Mexican National and US Citizen Divorce

You indicate that you are in Washington, and if so, that may allow you to seek a dissolution of your marriage in Washington with a US attorney. The problem will be that if you have property in Mexico, getting the Mexican authorities to help you divide your assets according to Washington Court orders (if such orders can even be issued, which is a whole other discussion) will likely require the help of a Jalisco attorney.

If on the other hand both parties reside in Jalisco, then you will need a Mexican lawyer to help you, since no US courts will have jurisdiction over the marriage and all property appears to be located in Mexico.

My suggestion to you is to consult with a Mexican attorney first and then decide what to do. I hope this helps. Good luck!

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Answered on 1/23/09, 5:37 pm


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