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I GOT DIVORCED IN CALIFORNIA IN 2010. I GOT MARRIED IN ITALY(UNDER

 
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  • Answered by:T.DePas
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Customer Question

I GOT DIVORCED IN CALIFORNIA IN 2010. I GOT MARRIED IN ITALY(UNDER ITALIAN LAW) BACK IN 2003. MY EX WIFE IS ITALIAN, LIVES IN ITALY AND I'M A U.S. CITIZEN. ARE WE LEGALY DIVORCED EVEN IF SHE DOESN'T WANT TO DIVORCE IN ITALY.
I'M PLANNING TO GET MARRIED IN GERMANY SOON.

 

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State/Country relating to question: Italy

Already Tried:
I ASKED MY EX TO FILE DIVORCE IN ITALY, BUT SHE DON'T WANT TO DO IT NOW.

Submitted: 352 days and 7 hours ago.
Category: European Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  T.DePas replied 352 days and 6 hours ago.

Dear constumer,

 

Thank you for your question. I am going to research the law and will get back to you as soon as I can.

 

Kind regards,

 

Tiziana

Expert TypeAttorney
Category: European Law
Pos. Feedback: 94.2 %
Accepts: 118
Answered: 4/18/2012

Experience: Solicitor - Ph.D. Doctor Europaeus in EU law

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Expert:  T.DePas replied 352 days and 6 hours ago.

Dear costumer,

 

could you please tell me where your couple life during your marriage was mainly based?

 

Kind regards,

 

Tiziana

Customer replied 352 days and 5 hours ago.

IN AND OUT, BUT AFTER MARRIAGE IN ITALY WE WENT TO CALIFORNIA FOR ALMOST A YEAR, THEN SHE WENT BACK TO ITALY AND STAYED THERE. 2 YEARS LATER SHE LIVED W ME IN BELGIUM FOR 4 MONTHS.

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Expert:  T.DePas replied 352 days and 5 hours ago.

Dear Costumer,

 

thank you for your inquire.

 

The Italian system of private international law (article 64 l. 218/1995) provides the Principle of automatic recognition of foreign civil decisions as long as they are respectful of public order and of the right of defense. As a consequence, you do not need for sure to get divorced in Italy even if you got married here.

 

As far as I know there shouldn't be any of these problems with Californian laws and procedures.

 

Accordingly, you should not have any sort of problem in getting married again after the divorce has been declared by Californian authorities.

 

I hope this answers your question.

 

I remain at your disposal should you need any further information,

 

Kind regards,

 

Tersina

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Expert:  T.DePas replied 352 days and 5 hours ago.

Dear Costumer,

 

thank you for your inquire.

 

The Italian system of private international law (article 64 l. 218/1995) provides the Principle of automatic recognition of foreign civil decisions as long as they are respectful of public order and of the right of defense. As a consequence, you do not need for sure to get divorced in Italy even if you got married here.

 

As far as I know there shouldn't be any of these problems with Californian laws and procedures.

 

Accordingly, you should not have any sort of problem in getting married again after the divorce has been declared by Californian authorities.

 

I hope this answers your question.

 

I remain at your disposal should you need any further information.

 

Kind regards,

 

Tiziana

Customer replied 352 days and 1 hours ago.

Thanks for the clarification.

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Expert:  T.DePas replied 351 days and 22 hours ago.

You are welcome. Thanks for choosing justanswer.

41017.8717451389

 
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