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Dan
Dan, Retired Lawyer
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My divorce was final in Mexico I reside in Las Vegas I am

Resolved Question:

My X-wife and I were married in Mexico and divorced. We both were living in las vegas at the time of the divoce, and still residing. I''m told that I am not divorced in the U.S. only in Mexico. Is this true. She is asking for alimony here in the U.S. I am paying child support
Submitted: 6 years ago.
Category: Family Law
Expert:  Dan replied 6 years ago.

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 Divorce
A 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!)

Thank you,

Dan

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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.

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Dan, Retired Lawyer
Category: Family Law
Satisfied Customers: 1164
Experience: Practice areas included family law, elder law, real estate, and transactions
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