QUESTION

Is a Mexican divorce legal in NY?

Asked on Nov 04th, 2011 on Divorce - New York
More details to this question:
Divorce is uncontested, both parties would sign, no marital assets to divide, child custody and support already arranged, have been living separately 7 years.
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1 ANSWER

Financial Planning Attorney serving Brooklyn, NY
3 Awards
 Judgments of courts of foreign countries, as stated in Martens v. Martens, 284 N.Y. 363, 365, 31 N.E.2d 489, 490, 'differ from judgments of courts of our sister States to which, by constitutional mandate, full faith and credit must be given. They must not contravene our public policy'. Our courts have power to deny even validity to the judgments of foreign countries for policy reasons. However,  in Rosenstiel v. Rosenstiel, 16 N.Y.S.2d 64, 262 N.Y.S.2d 86, 209 N.E.2d 709, the Court of Appeals while sustaining a Mexican decree of divorce premised its decision upon the fact that jurisdiction in accordance with Mexican law had been acquired.  Basically, you must ensure that the Courts in Mexico have jurisdiction in accordance with Mexican law for the judgment to have validity. You should consult with an attorney familiar with Mexican law on divorces before continuing. -Alfred Polizzotto, III
Answered on Nov 10th, 2011 at 12:29 PM

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