Jorge:If the divorce was valid under Mexican law and was not a "quickie divorce" which bypassed the waiting period and residency requirements, than the divorce will be considered valid in both Mexico and the US.
It is my understanding that Mexico has a six month residency period requirement for divorces. Here is an excerpt from an article on that subject:"Mexico DivorceA Mexico law was passed on March 7, 1971 which requires six (6) months residency. In addition, you must obtain a certificate from the Secretaria de Gobernacion stating that you have legal residence in Mexico and are entitled to start a divorce action. Companies offering 1 week, 2 week or similar quick Mexico divorces are providing divorces that may not be valid anywhere in the world. Even the Mexico Embassy warns of such fraudulent divorce services."See http://www.nevadadivorce.net/mexico_divorce.html This is from the same web page:"On April 30, 2004, the Mexico Consulate's Office e-mailed Nevada Divorce as follows:Dear Nevada Divorce & Paralegal: A foreign citizen may not get divorce in Mexico, unless he is a resident of Mexico and has legal migratory status. Please consider the following: 1. According to Article 69 of the Mexican Population Act; no judicial or administrative authority will permit a divorce or marriage annulment to be initiated by an alien, unless he or she presents a Certificate issued by the Ministry of Interior. Said certificate must declare the alien's legal status in the country and that the alien's conditions and migratory status enable him/her to perform such an act. 2. The above-mentioned certificate to initiate divorce or annulment of marriage proceedings before a judicial or administrative authority, as referred in Article 69 or the above mentioned statute and 35 of the Nationality and Naturalization Act, will be subject to the following regulations: a)The alien must request the certificate in writing in the following situations from the Immigration authorities (Secretaria de Gobernación): b) In case of eminent divorce or annulment of marriage if the alien spouse is the plaintiff. In the case of voluntary or administrative divorce if both spouses are aliens. c) Regardless of the situation, the certificate will only be issued if the spousal domicile has been established within the Mexican territory and if the alien has immigrant status or non-immigrant status as visitor, political asylum, student, distinguished visitor, or in an immigrant status. Said certificate will be valid for 90 days. 3. With respect to the domicile, Article 35 of the aforementioned Nationality and Naturalization Act prescribes that the acquisition, change, and loss of domicile by aliens will be regulated exclusively by the provisions of the Civil Code for the Federal District. This article estipulates that no judicial or administrative authority will initiate any divorce or annulment of marriage proceedings for aliens unless the above mentioned certificate is presented. 4. In regards XXXXX XXXXX the Civil Code for the Federal District provisions are: Article 29.- Domicile of a person, in the place where said person resides, with the intent of establishing in it. Article 30.- It is considered that a person has the intent of establishing in a place when such person has resided in that place for more than six months. We hope this information has been of assistance to you. Sincerely, XXXXX of Consular Section Embassy of Mexico Canada"See again http://www.nevadadivorce.net/mexico_divorce.html
As you can see, unless you complied with the domicile requirement, it may be that your mexican divorce is not valid in either Mexico or the US.
I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)
The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.
PS: If an answer appears to you to have been very helpful, or to have taken above average expertise and/or research, or if the answer shows an above average amount of time and dedication devoted to your issue, a bonus is nice way to say "Thank you". Thanks!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).