QUESTION
Is it possible to file a divorce even if I do not have my foreign marriage certificate?
Asked on Feb 17th, 2014 on Divorce - Rhode Island
More details to this question:
My ex-wife filed for and was granted a divorce decree in China. But she did not provide a copy to me. And I have no way of contacting her. Do I need to apply for a divorce decree here in the USA? I am a US citizen. If so, how can I apply for one if I don’t have a copy of our marriage certificate anymore? I currently live in Philadelphia, PA. As long as I can get a divorce decree so I can remarry really soon, I have no problem traveling to another state to take care of it.
2 ANSWERS
Yes if you are a California resident.
Answered on Feb 21st, 2014 at 6:31 PM
Family Law Attorney serving Peoria, AZ
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From your description of your situation it sounds as if you were properly divorced pursuant to the laws of China. If that is the case, then you should not need a copy of the divorce decree from China to obtain a marriage license in Pennsylvania. Just as the marriage in China would be recognized here in the United States as a legal marriage, a divorce from China would also be so recognized. It would be wise to consult with an experienced family law attorney there in Philadelphia, but I would be surprised if the answer is not substantially the same.
Answered on Feb 20th, 2014 at 8:46 PM