QUESTION
I am legally separated from my country who doesn't recognize divorce can I marry in the US?
Asked on Sep 28th, 2012 on Divorce - Michigan
More details to this question:
I have been legally separated from my husband for more than 10 years. My country doesn’t recognize divorce but they will approve a legal separation. Can I get marry in the united states just for having legally separated?
12 ANSWERS
Leonard A. Kaanta
You are still married.
Answered on Oct 01st, 2012 at 2:05 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Marriage law in the US is slightly different for each of the 50 states, but it is universally true that no marriage is possible for someone who is still married to someone else. You don't say what "country" you live or where you got what you say is "legally separated", but if the marriage there was legal, it remains "legal" everywhere.
Answered on Oct 01st, 2012 at 1:58 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Texas will not allow you to get married if you're already married. But you can get divorced in the U.S. no matter where you were married, and THEN you can get married in the U.S.
Answered on Oct 01st, 2012 at 9:11 AM
No, but you can get divorced in the United States, even if your spouse still lives abroad. If you live in California, if you have lived here at least 6 months, then you can be divorced as soon as six months after papers are served on your spouse. Local courts have no power over your property overseas and cannot make your foreign spouse do anything, such as pay you money, but the local courts have power over the marital status of people who live here. That includes people of other nationalities even those whose spouse? lives overseas. The irony is that your native country may consider you married to your current spouse but this country (and every other country in the world) would consider you married to the second spouse. Do this legally. It is not as hard as it may appear and you will be very glad you did it right.
Answered on Oct 01st, 2012 at 3:06 AM
Tamara Marie Chin
No. File for divorce here and serve by mail.
Answered on Sep 29th, 2012 at 4:08 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Even if your marriage was performed in a foreign country, you can obtain a Dissolution of that foreign marriage in the United States. A "legal separation" is not a dissolution of the first marriage. A marriage to another while you are still legally married is illegal, and renders the second marriage void.
Answered on Sep 29th, 2012 at 4:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Any marriage that you enter into while still being married will be invalid, void, and illegal. Get a divorce here before you get married.
Answered on Sep 29th, 2012 at 1:42 PM
Unfortunately not, but you can petition for divorce here in the US and it should be recognized here if all required procedures are followed, even if it will not be recognized in your home country.
Answered on Sep 29th, 2012 at 1:40 PM
Theodora B. Fader
Because you are still married, a subsequent marriage would not be valid. However, you could get a divorce in the U.S. and then remarry.
Answered on Sep 29th, 2012 at 1:39 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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No, but you can file for divorce here and then get remarried.
Answered on Sep 29th, 2012 at 1:39 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In order for a marriage to be valid in the US, you must be single or divorced.
Answered on Sep 29th, 2012 at 1:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, if you are living in the US get a divorce here. You cannot marry, it would be illegal and effect your immigration status.
Answered on Sep 29th, 2012 at 1:34 PM