QUESTION
Is a divorce from Mexico valid if neither parties signed the document?
Asked on Apr 09th, 2014 on Divorce - Washington
More details to this question:
I was married for 18 years, and in 2012 my husband told my daughter he had divorced me. He said he sent money to have it done in Mexico. I want to know if neither party signed the document, would it be legal and binding here in the USA? I was never served any papers nor was I aware that he was even divorcing me. Are we still legally married? I would have asked for alimony if I would have been aware that he wanted a divorce because he never let me work during marriage. He also cashed out 401k and didn't give me half the money and has since remarried in USA. Is this legal?
4 ANSWERS
Mediation Attorney serving San Jose, CA
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Law Offices of Ernest A. Cardona, PC
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I'd say go ahead and file for divorce in California and make him prove a Mexican divorce was granted. You could still get a division of assets in this state.
Answered on Apr 10th, 2014 at 9:12 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact an attorney immediately its probably not legal in the US and you should be entitled to some compensation however its been 2 years. Why have you waited on doing something about it?
Answered on Apr 10th, 2014 at 11:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I certainly cannot answer your question without a lot more details and research into the matter. If he is remarried and is not legally divorced then that marriage is void. Generally if you have not been properly notified of your divorce or his claim of your divorce then most probably that is not valid and you would have to be divorced in United States. It would give you an opportunity potentially make a claim for alimony or spousal support.
Answered on Apr 10th, 2014 at 11:53 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You'll have to check with the court in Mexico to know if a judge granted the divorce.
Answered on Apr 10th, 2014 at 11:51 AM