Divorce & International Matters
International marriages are more common than ever — and so are international divorces. But when a dissolved marriage happens abroad, the lingering question for many California residents is: Will my foreign divorce even count here?
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International marriages are more common than ever — and so are international divorces. But when a dissolved marriage happens abroad, the lingering question for many California residents is: Will my foreign divorce even count here?
Divorced abroad? Learn whether California will recognize your foreign divorce judgment — and what steps you must take to make it valid and enforceable.
In an increasingly interconnected world where international travel and work have become common, the possibility of marrying someone from another country has also grown. When such marriages end in divorce, it isn’t a given that the legal formalities to sever the relationship will take place in the U.S. That may prompt concerns that a judgment obtained in another country will not be valid, forcing a U.S.-based spouse to go back to court to settle matters of spousal support or child custody, or even to establish their right to later remarry.
If you have been divorced abroad, it is most often not necessary to start from scratch to have the divorce recognized in California. Such recognition is not automatic, though. The divorce must meet certain legal requirements to be considered valid, and the judgment must be properly registered with the court to be enforceable in the state.
What You’ll Learn In This Post:
- What Is Foreign Divorce Recognition in California?
- Does California Recognize Divorces From Other Countries?
- What Steps Are Required to Validate a Foreign Divorce in California?
- How Do Courts Handle Property Division After a Foreign Divorce?
- What Impact Does a Foreign Divorce Have on Custody and Support Orders?
- Why Should You Work With a Family Law Attorney for International Divorce Issues?
- Frequently Asked Questions
What is Foreign Divorce Recognition in California?
Foreign divorce recognition in California allows a California court to recognize the validity of a divorce obtained legally in another country based on the principle of comity. According to U.S. law, as long as both parties to the divorce received adequate notice of the proceedings and at least one of them was domiciled in that country (i.e., it was their permanent, primary home) at the time of the divorce, it is generally given “full faith and credit” in all other countries and states that recognize divorce. The U.S. does not have any treaties that require the recognition of foreign divorces; however, states can impose their own requirements before recognizing a divorce judgment from another country.
Does California Recognize Divorces from Other Countries?
California recognizes divorces from other countries under specific circumstances, namely:
- The foreign court had proper jurisdiction over the matter at the time, usually based on the nationality or residence of at least one spouse.
- Both parties had adequate notice and had the opportunity to be heard in court.
- The divorce decree was final, conclusive, and enforceable in the country it was issued in.
- The decree does not conflict with California’s public policy.
What Steps Are Required to Validate a Foreign Divorce in California?
To validate a foreign divorce in California, the judgment needs to be submitted to the California Superior Court in the county where the California-based party lives with a Petition for the Recognition of Foreign Judgment. This requires getting a certified copy of the original decree from the court in the country where the divorce occurred and, if necessary, an English translation as well.
The document must also be authenticated—from countries that are members of the Hague Convention, this requires an Apostille from an authorized official, while other countries will need to issue an authentication certificate from relevant authorities. Additional forms may be necessary if support or custody orders are involved. If the court concludes that the judgment meets the requirements for recognition, the order will be domesticated, meaning it can be enforced just as if it were originally made in California.
How Do Courts Handle Property Division After a Foreign Divorce?
Property division that involves bank accounts, real estate, and other assets held in different countries can be extremely complex, involving questions of which court has jurisdiction and how an order can be effectively enforced across borders. Assuming that the California court recognizes the validity of a divorce obtained overseas, it can enforce the terms of that agreement on domestically held assets. Additional legal steps may be necessary in the foreign jurisdiction to divide assets such as real property, where U.S. courts lack the authority to order a sale or division.
What Impact Does a Foreign Divorce Have on Custody and Support Orders?
Foreign child custody and support orders are generally honored in California under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if they are properly registered and meet the requirements for due process and conform to public policy. The foreign order must first be registered in California to be enforceable, which requires submitting Form FL-580, two copies of the foreign custody order (one certified), a statement that the order has not been modified, and contact information for any involved parties.
If issues such as spousal support, child custody, or child support were not addressed in a foreign divorce, it may be necessary to file a new case in California.
Why Should You Work with a Family Law Attorney for International Divorce Issues?
A family law attorney experienced in matters of international divorce can provide invaluable strategic guidance and support to properly register a foreign divorce decree and enforce its terms in the U.S. International divorce is far more complex than domestic divorces, involving potential conflicts between different legal systems and cultures as well as individuals. Procedural missteps and unfamiliarity with the law can make it difficult, if not impossible, to protect your rights or enforce court orders regarding custody, support, and property division.
At Hoover Krepelka, our expert, multilingual family law attorneys understand how to navigate the necessary laws and procedures to domesticate a foreign divorce judgment and can provide the individualized representation you need for effective enforcement. To schedule your consultation, fill out the form below today.
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FAQS
Does California recognize divorces granted in other countries?
Yes, California generally recognizes valid foreign divorces as long as both spouses had proper notice and the court in the other country had legal jurisdiction.
What steps are required to validate a foreign divorce in California?
You’ll typically need to provide a certified copy of the foreign divorce decree and, if necessary, an English translation, so the California court can review and acknowledge it.
Can a foreign divorce affect property and custody rights in California?
Yes, while the divorce itself may be recognized, California courts retain authority to decide property division, custody, and support issues if either spouse or the children live in California.