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Bulgarian divorce in Ohio

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Bulgarian

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?OHIO

Hello,

Both me and my wife are Bulgarian citizens and US permanent residents.

We have been in this country for 14 years. Two monts ago she filed for a divorce.

However, our marriage was never formally ratiffied or in any other form and shape validated anywhere outside Bulgaria.

Do Ohio common plea courts have any jurisdiction over our marital contract?

I as one side of it have entered it having in mind the Bulgarian laws regulations and consecuences of termination.

Bulgarian law states that "Bulgarian courts have exclusive juristiction over Bulgarian marriages even if only one of the parties is a Bulgarian citizen." Both of us still are.

Could Ohio court divorce us by applying the Bulgarian laws?

Thank you!
 


LdiJ

Senior Member
Bulgarian said:
What is the name of your state?What is the name of your state?What is the name of your state?OHIO

Hello,

Both me and my wife are Bulgarian citizens and US permanent residents.

We have been in this country for 14 years. Two monts ago she filed for a divorce.

However, our marriage was never formally ratiffied or in any other form and shape validated anywhere outside Bulgaria.

Do Ohio common plea courts have any jurisdiction over our marital contract?

I as one side of it have entered it having in mind the Bulgarian laws regulations and consecuences of termination.

Bulgarian law states that "Bulgarian courts have exclusive juristiction over Bulgarian marriages even if only one of the parties is a Bulgarian citizen." Both of us still are.

Could Ohio court divorce us by applying the Bulgarian laws?

Thank you!
You have both been living in the US for 14 years. You are legal residents of the US. Your divorce will be controlled by US law, not by Bulgarian law. Ohio has jurisdiction and your divorce will be decided based on Ohio law.
 

Bulgarian

Junior Member
We carry our contract with us

and it is a valid contract wherever we go.

But the contract itself was entered into in Bulgaria, was validated by the Bulgarian authorities and for instance, when I signed it, I had in mind the Bulgarian laws, regulating our marital affairs, including termination and its concequences.

How the mere fact that we reside anywhere outside Bulgaria, makes our Bulgarian contract a subject of the new (and different) legal system which was not considered by neighther of the parties when the contract was entered into?

Bulgaria and US do not have bilateral legal agreements on this particular issue.

Furthermore, a legal residency is a conditional status, which gives us a right of presense in the US and it has far less weight that a full blown citizenship. We are citizens of Bulgaria.

Under which law (international or not) a permanent residency status overrides a citizenship?

Which is more relevant: a Bulgarian contract between two Bulgarian citizens or Bulgarian contract between two US residents?
 
Last edited:

JETX

Senior Member
Okay, lets try this very simply.....
1) You live in Ohio, USA.
2) Your marriage is recognized as such, in Ohio, USA.
3) Your divorce will be handled and finalized as provided by the laws of Ohio, USA.
4) Any claims you have as to this somehow being exempt or subject to Bulgarian laws for termination are NOT valid.

If you want to handle this in accordance with Bulgarian laws.... then you need to move back to Bulgaria.
 

Bulgarian

Junior Member
Ok

"4) Any claims you have as to this somehow being exempt or subject to Bulgarian laws for termination are NOT valid."

Can you quote a particular law?
 

JETX

Senior Member
Bulgarian said:
Can you quote a particular law?
Of course, there are no special 'Bulgarian provisions' in Ohio laws (or any other state).

From Ohio Revised Code:
§ 3105.03. Place where action shall be brought.
The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.

Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure.


And:
§ 3105.12. Evidence of marriage.
(A) Except as provided in division (B) of this section, proof of cohabitation and reputation of the marriage of a man and woman is competent evidence to prove their marriage, and, in the discretion of the court, that proof may be sufficient to establish their marriage for a particular purpose.
(B) (1) On and after October 10, 1991, except as provided in divisions (B)(2) and (3) of this section, common law marriages are prohibited in this state, and the marriage of a man and woman may occur in this state only if the marriage is solemnized by a person described in section 3101.08 of the Revised Code and only if the marriage otherwise is in compliance with Chapter 3101. of the Revised Code.
(2) Common law marriages that occurred in this state prior to October 10, 1991, and that have not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after October 10, 1991.
(3) Common law marriages that satisfy all of the following remain valid on and after October 10, 1991:
(a) They came into existence prior to October 10, 1991, or come into existence on or after that date, in another state or nation that recognizes the validity of common law marriages in accordance with all relevant aspects of the law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of marriage, annulment, or other judicial determination in this or another state or in another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the Revised Code.
(4) On and after October 10, 1991, all references in the Revised Code to common law marriages or common law marital relationships, including the references in sections 2919.25, 3113.31, and 3113.33 of the Revised Code, shall be construed to mean only common law marriages as described in divisions (B)(2) and (3) of this section.
 

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