I recently initiated divorce proceedings in Europe; will the divorce be recognized in

[nikmix]

What is the name of your state (only U.S. law)?
California.

Hello,
I am from Europe, where I was married 18 years ago. I recently initiated divorce proceedings, again in Europe.
My question is: Will the divorce be recognized in the States, where we currently reside and are both citizens.
The other concern I have is about the eventual financial obligations that my wife may incur and for which I don’t want to be responsible, also to ease my mind that she would not have claims towards future investments (purchases).

Thanks
Nico

 

[Lolie]

Is there any special reason you didn't initiate the divorce proceedings in the US?

The immediate issue which springs to mind is one of jurisdiction and whether your wife could challenge the jurisdiction of the European court to hear the case on the basis of your residence and citizenship of the US.

 

[JETX]

I am from Europe, where I was married 18 years ago. I recently initiated divorce proceedings, again in Europe.
My question is: Will the divorce be recognized in the States, where we currently reside and are both citizens.

Without more FACTS... probably not. In general, the parties to a divorce must have some type of 'standing' in the court hearing the matter. If neither party is considered a 'resident' of that courts jurisdiction, the court ordered divorce would be invalid.
This is to protect some 'deadbeat' from simply doing a 'divorce by mail' from Nigeria (or similar TWC).

The other concern I have is about the eventual financial obligations that my wife may incur and for which I don’t want to be responsible, also to ease my mind that she would not have claims towards future investments (purchases).

Then you better 'play by the rules' and get a REAL divorce, with a real hearing and real 'Order of Divorce'.

 

[LdiJ]

What is the name of your state (only U.S. law)?
California.

Hello,
I am from Europe, where I was married 18 years ago. I recently initiated divorce proceedings, again in Europe.
My question is: Will the divorce be recognized in the States, where we currently reside and are both citizens.
The other concern I have is about the eventual financial obligations that my wife may incur and for which I don’t want to be responsible, also to ease my mind that she would not have claims towards future investments (purchases).

Thanks
Nico

Why would you initiate a divorce in Europe when you are both residents and citizens of the US? A court in Europe would have no jurisdiction over assets/debts in the US. Nor jurisdiction over child custody matters either although you did not mention children.

In fact, your spouse could easily challenge jurisdiction by filing in the US.

I think that you have made things unnecessarily complicated for yourself.

However, if you were to obtain a legally valid divorce in another country the US would recognize the divorce itself.

 

[mistoffolees]

Without more FACTS... probably not. In general, the parties to a divorce must have some type of 'standing' in the court hearing the matter. If neither party is considered a 'resident' of that courts jurisdiction, the court ordered divorce would be invalid.
This is to protect some 'deadbeat' from simply doing a 'divorce by mail' from Nigeria (or similar TWC).


Then you better 'play by the rules' and get a REAL divorce, with a real hearing and real 'Order of Divorce'.

Since they were married in Europe, I guess there's some chance of standing there - if the divorce was filed in the same country as the marriage, so that issue may not be a problem (OP would have to consult an attorney to be sure).

However, for all the other reasons given, it's not a good idea. It's going to be more complicated and expensive. The European courts would have no jurisdiction over any property in the U.S. And if it's an attempt to avoid property division, alimony, or child support, it won't work - all of those items could be separately litigated in the US since the US courts would have jurisdiction over those items.