QUESTION
Do I need a copy of the divorce decree to re-marry (will re-marry as soon as possible)?
Asked on Feb 17th, 2014 on Divorce - California
More details to this question:
My ex-wife filed and obtained a divorce decree in China but she never provided me a copy of the decree. I don’t have a copy of our marriage certificate either. If it is needed and since I cannot get hold of that foreign divorce decree, can I file for another divorce decree without my marriage certificate? I have no problem travelling a little distance to other states, if necessary, to get this done.
6 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you know the area where she lived and can speak the language see if you can find out where she filed and get a copy of the divorce judgment from China.. it should help you get a divorce here in the US.
Answered on Feb 21st, 2014 at 6:19 PM
I do not believe you will need a copy of the divorce decree to re-marry, however, it wouldn't hurt to have it with you when you go to get the marriage license.
Answered on Feb 19th, 2014 at 11:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't need the marriage certificate to get a divorce. I suppose you could file for divorce, but you will have to have her served in China. Have you contacted the court in China to see if you can get an official copy of the decree? Normally, you would not need that to get married either but if you aren't really divorced, you need to know that.
Answered on Feb 19th, 2014 at 11:34 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you haven't seen the Chinese divorce decree, how do you know there actually is one? Write to the court that you believe granted it and ask them to send a copy. You may also ask the embassy to help you get a copy.
Answered on Feb 19th, 2014 at 11:33 PM
You can file for dissolution without showing your marriage certificate.
Answered on Feb 19th, 2014 at 11:32 PM
No need for a divorce decree. Just make sure it is final before you remarry.
Answered on Feb 19th, 2014 at 11:32 PM