QUESTION

Will a marriage in Mexico be recognized in the U.S?

Asked on Sep 11th, 2013 on Divorce - California
More details to this question:
I got married in Mexico my husband and I live in Mexico for less than 1 year then immigrated to USA and get paper of immigration, insurance and properties now we are 26 years married but he is in an extramarital relationship and I want to get the divorce and get all the benefits and protection that the USA law can give to me and my 3 kids, as today just one is minor he has 15 years old. and the next one still in High School event though she is 18 years old.
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4 ANSWERS

Alimony Attorney serving Irvine, CA
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California will recognize the marriage as valid if Mexico recognizes it as valid. You may want to have proof available such as certificates, etc. You would have more of an issue if you have no documentation of the marriage and your husband decides to claim that there was never a marriage. Otherwise, you should receive the same treatment, protections, and benefits under California law.
Answered on Sep 12th, 2013 at 6:36 PM

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The general rule is that a marriage that is legally entered into and recognized where it was entered into will be accepted in Arizona. However, this is not always the case. You should consult with an experienced family law attorney in your area.
Answered on Sep 12th, 2013 at 10:02 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Absolutely. A marriage that is legally performed in any foreign country and that would comply with Utah law is recognized in Utah. *See* Utah Code Section 30-1-4: *30-1-4. Validity of foreign marriages Exceptions.* A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid here, unless it is a marriage: (1) that would be prohibited and declared void in this state, under Subsection 30-1-2(1), (3), or (5); or (2) between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection 30-1-1(2). *30-1-2. Marriages prohibited and void.* The following marriages are prohibited and declared void: (1) when there is a husband or wife living, from whom the person marrying has not been divorced; (2) when the male or female is under 18 years of age unless consent is obtained as provided in Section 30-1-9; (3) when the male or female is under 14 years of age or, beginning May 3, 1999, when the male or female is under 16 years of age at the time the parties attempt to enter into the marriage; however, exceptions may be made for a person 15 years of age, under conditions set in accordance with Section 30-1-9; (4) between a divorced person and any person other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree; and (5) between persons of the same sex. *30-1-1. Incestuous marriages void.* (1) The following marriages are incestuous and void from the beginning, whether the relationship is legitimate or illegitimate: (a) marriages between parents and children; (b) marriages between ancestors and descendants of every degree; (c) marriages between brothers and sisters of the half as well as the whole blood; (d) marriages between uncles and nieces or aunts and nephews; (e) marriages between first cousins, except as provided in Subsection (2); or (f) marriages between any persons related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law, except as provided in Subsection (2). (2) First cousins may marry under the following circumstances: (a) both parties are 65 years of age or older; or (b) if both parties are 55 years of age or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce. *30-1-9. Marriage by minors Consent of parent or guardian Juvenile court authorization.* (1) For purposes of this section, "minor" means a male or female under 18 years of age. (2) (a) If at the time of applying for a license the applicant is a minor, and not before married, a license may not be issued without the signed consent of the minor's father, mother, or guardian given in person to the clerk; however: (i) if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk; (ii) if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation. (b) If the male or female is 15 years of age, the minor and the parent or guardian of the minor shall obtain a written authorization to marry from: (i) a judge of the court ex
Answered on Sep 12th, 2013 at 9:36 AM

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A legal Mexican marriage will be recognized in the U.S. You can file for divorce in the U.S. and seek the benefits and protections of US law, including property division, spousal and child support depending on your circumstances. See an attorney to find out what your rights are.
Answered on Sep 11th, 2013 at 11:36 PM

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