Do I need to register foreign marriage certificate before filing a dissolution?

[anoviceonlaw]

My husband and I are both LPR (lawful permanent residency), of different countries of citizenship, and have been living in the US for the last 10 years. Our foreign marriage certificate was translated into English without the use of professional translation service, legalized by my Embassy, and was used and accepted as a legal document in our application for permanent residency. We both currently live in Ohio, but have been living in different cities due to work.

Due to irreconcilable differences, I am now seeking a dissolution because my husband and I have come to an understanding that our marriage cannot be saved and have agreed on everything pertaining to financial and common/shared ownership. According to the Ohio law, we satisfy the basic requirement. However, although she is not quite sure herself, a friend told me that I may be required to register the foreign marriage certificate with the court in the county where I live before I can file for the dissolution. Is that true? Will it have a waiting period before I can submit dissolution paperwork?

I cannot inquire with the clerks of the court in the county where I live because they are not supposed to dispense any legal advice. I posted this question on FreeAdvice to lawyers to answer, but I just got an email saying that there is no lawyer from Ohio is available to respond. I sure hope someone in this forum can help. I would like to be able to file for dissolution early next year as I am considering a new career opportunity in a different state. Thank you very much for your time.

 

[mistoffolees]

My husband and I are both LPR (lawful permanent residency), of different countries of citizenship, and have been living in the US for the last 10 years. Our foreign marriage certificate was translated into English without the use of professional translation service, legalized by my Embassy, and was used and accepted as a legal document in our application for permanent residency. We both currently live in Ohio, but have been living in different cities due to work.

Due to irreconcilable differences, I am now seeking a dissolution because my husband and I have come to an understanding that our marriage cannot be saved and have agreed on everything pertaining to financial and common/shared ownership. According to the Ohio law, we satisfy the basic requirement. However, although she is not quite sure herself, a friend told me that I may be required to register the foreign marriage certificate with the court in the county where I live before I can file for the dissolution. Is that true? Will it have a waiting period before I can submit dissolution paperwork?

I cannot inquire with the clerks of the court in the county where I live because they are not supposed to dispense any legal advice. I posted this question on FreeAdvice to lawyers to answer, but I just got an email saying that there is no lawyer from Ohio is available to respond. I sure hope someone in this forum can help. I would like to be able to file for dissolution early next year as I am considering a new career opportunity in a different state. Thank you very much for your time.

While you may get an answer here, I would go ahead and ask the court clerks. It is true that they can not offer legal advice, but they may be able to help you sort out the procedural issues.

If not, the court clerk can probably refer you to someone who can help.

 

[Ohiogal]

My husband and I are both LPR (lawful permanent residency), of different countries of citizenship, and have been living in the US for the last 10 years. Our foreign marriage certificate was translated into English without the use of professional translation service, legalized by my Embassy, and was used and accepted as a legal document in our application for permanent residency. We both currently live in Ohio, but have been living in different cities due to work.

Due to irreconcilable differences, I am now seeking a dissolution because my husband and I have come to an understanding that our marriage cannot be saved and have agreed on everything pertaining to financial and common/shared ownership. According to the Ohio law, we satisfy the basic requirement. However, although she is not quite sure herself, a friend told me that I may be required to register the foreign marriage certificate with the court in the county where I live before I can file for the dissolution. Is that true? Will it have a waiting period before I can submit dissolution paperwork?

I cannot inquire with the clerks of the court in the county where I live because they are not supposed to dispense any legal advice. I posted this question on FreeAdvice to lawyers to answer, but I just got an email saying that there is no lawyer from Ohio is available to respond. I sure hope someone in this forum can help. I would like to be able to file for dissolution early next year as I am considering a new career opportunity in a different state. Thank you very much for your time.

You don't have to file the certificate in the court when you file for divorce. You can swear in the complaint for divorce that you were married in X on Date, year, and then if your ex denies that, produce the marriage certificate.

Dissolution requires agreement upon EVERY SINGLE MATTER and both attending the hearing.

 

[mistoffolees]

You don't have to file the certificate in the court when you file for divorce. You can swear in the complaint for divorce that you were married in X on Date, year, and then if your ex denies that, produce the marriage certificate.

Dissolution requires agreement upon EVERY SINGLE MATTER and both attending the hearing.

Including, presumably, the fact that they're married. So if I understand you correctly, if they are agreed on a dissolution, then stbx can't deny that they're married, so it shouldn't be a problem.

 

[Ohiogal]

Including, presumably, the fact that they're married. So if I understand you correctly, if they are agreed on a dissolution, then stbx can't deny that they're married, so it shouldn't be a problem.

Correct!

 

[anoviceonlaw]

Thank you for your responses. There is no presumption here, mistoffolees, because it is a fact that we are married. And it is a fact that we are divorcing. Nevertheless, I appreciate the information; it is timely as we are just about to start working on paperwork needed to proceed with the dissolution. Many thanks!