Mexican Marriage and Retirement Savings

[Divorce Problem]

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

I was married in Tijuana, Mexico and divorced in San Diego, CA and these are my questions:

1. I didn't file my San Diego, CA divorce in Tijuana, Mexico. Am I still married to my former spouse?

2. My former spouse was married and supposedly divorced in San Diego, CA before I met her. After our divorce, I found out that she is still married. Was my Mexican marriage valid?

3. If my Mexican marriage was not valid, can she still get some of my retirement savings?

4. Does the "system of separate property" on a Mexican marriage contract matter for a divorce in CA?

5. If I want to consult with a lawyer on this case, what sort of expertise should be I looking for?

At this point, I'm honestly not against giving her what she's entitled to, but I'd like some advice before I either settle with her or hire my own lawyer. Thanks for any help!

 

[mistoffolees]

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

I was married in Tijuana, Mexico and divorced in San Diego, CA and these are my questions:

1. I didn't file my San Diego, CA divorce in Tijuana, Mexico. Am I still married to my former spouse?

2. My former spouse was married and supposedly divorced in San Diego, CA before I met her. After our divorce, I found out that she is still married. Was my Mexican marriage valid?

3. If my Mexican marriage was not valid, can she still get some of my retirement savings?

4. Does the "system of separate property" on a Mexican marriage contract matter for a divorce in CA?

5. If I want to consult with a lawyer on this case, what sort of expertise should be I looking for?

At this point, I'm honestly not against giving her what she's entitled to, but I'd like some advice before I either settle with her or hire my own lawyer. Thanks for any help!

The biggest problem is that your ex was married when you married her. That makes this a problem for a good family practice attorney. If you find one in southern CA, I would assume that most attorneys will have partners with immigration expertise to help with the Mexico issues.

I think your next step is to find a good attorney.

 

[Divorce Problem]

Thanks for the response! Any feedback is still appreciated since I may not make a decision until Monday (12/15/2008). For what it's worth, my retirement savings is in the Thrift Savings Plan (TSP) and I am an FERS employee.

 

[LdiJ]

Thanks for the response! Any feedback is still appreciated since I may not make a decision until Monday (12/15/2008). For what it's worth, my retirement savings is in the Thrift Savings Plan (TSP) and I am an FERS employee.

You said you married in Mexico and divorced in San Diego. That would seem to indicate that your divorce is already final.

If your divorce is already final, its not a question of "settling" with her. That's already done even if the monies have not be disbursed. It would be a question of re-opening your property settlement, and that is a bit more complicated. The burden of proof would be on you to prove that she was previously married and not divorced.

Whether or not your Mexican marriage was valid, your San Diego divorce is valid. You didn't need to file anything in Mexico.

 

[mistoffolees]

If your divorce is already final, its not a question of "settling" with her. That's already done even if the monies have not be disbursed. It would be a question of re-opening your property settlement, and that is a bit more complicated. The burden of proof would be on you to prove that she was previously married and not divorced.

But the burden of proof would be on his ex to show good reason to reopen the settlement. That's not going to be easy. IF she manages to do that, then he can use the 'but she was still married, so the marriage didn't exist and she shouldn't get anything' argument.

 

[LdiJ]

But the burden of proof would be on his ex to show good reason to reopen the settlement. That's not going to be easy. IF she manages to do that, then he can use the 'but she was still married, so the marriage didn't exist and she shouldn't get anything' argument.

Except that she isn't the one that wants to reopen the property settlement, he is. He is the one who doesn't want to give her half of his retirement because he has now found out that she was alledgedly married and not divorced before. So, the burden of proof is fully on him.

 

[mistoffolees]

Except that she isn't the one that wants to reopen the property settlement, he is. He is the one who doesn't want to give her half of his retirement because he has now found out that she was alledgedly married and not divorced before. So, the burden of proof is fully on him.

It wasn't entirely clear from the OP, but if that's the situation, you're correct.

 

[Divorce Problem]

Thanks again for all the responses! Your help is enormously appreciated!

Here is a bit more info:

1. The 2004 Mexican marriage contract states: "Este contrato de matrimonio esta sujeto al regimen de: SEPARACION DE BIENES" which means "this marriage contract is subject to the system: SEPARATE PROPERTY." (as opposed to community property) The original of this document is not currently in my possession, I have only a digital scan. Should I get a certified true copy from Mexico and get it officially translated ASAP?

2. The 2007 San Diego Dissolution Judgement states "the court cannot determine whether it has jurisdiction over respondent, support or community property. That issue is reserved." This was never resolved. I found out yesterday that she thinks this means she's still entitled to part of my retirement savings. I think it means that it's up to Tijuana, Mexico to decide, which would certainly invoke the "separate property" clause of my marriage contract.

3. The way I found out she is still married is because in April 2008, when we were on better terms, I took her to the county office to get a copy of her divorce papers. The clerk said there were no divorce papers. She had filed for divorce in 2001 as a victim of domestic violence but never completed the process. Instead, we got a certified true copy of her 2000 San Diego marriage certificate. The bottom of it states "This is a true and exact reproduction of the document officially registered and placed on file in the office of the San Diego County Recorder/Clerk." It's signed and dated April 17, 2008. I still have this document.

 

[LdiJ]

Thanks again for all the responses! Your help is enormously appreciated!

Here is a bit more info:

1. The 2004 Mexican marriage contract states: "Este contrato de matrimonio esta sujeto al regimen de: SEPARACION DE BIENES" which means "this marriage contract is subject to the system: SEPARATE PROPERTY." (as opposed to community property) The original of this document is not currently in my possession, I have only a digital scan. Should I get a certified true copy from Mexico and get it officially translated ASAP?

2. The 2007 San Diego Dissolution Judgement states "the court cannot determine whether it has jurisdiction over respondent, support or community property. That issue is reserved." This was never resolved. I found out yesterday that she thinks this means she's still entitled to part of my retirement savings. I think it means that it's up to Tijuana, Mexico to decide, which would certainly invoke the "separate property" clause of my marriage contract.

3. The way I found out she is still married is because in April 2008, when we were on better terms, I took her to the county office to get a copy of her divorce papers. The clerk said there were no divorce papers. She had filed for divorce in 2001 as a victim of domestic violence but never completed the process. Instead, we got a certified true copy of her 2000 San Diego marriage certificate. The bottom of it states "This is a true and exact reproduction of the document officially registered and placed on file in the office of the San Diego County Recorder/Clerk." It's signed and dated April 17, 2008. I still have this document.

She is correct that you have not settled your property issues. The issue was "reserved".

Other than that, you honestly need an attorney. Your situation is not a simple one.