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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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HELLO mi name is XXXXX XXXXX i get marriage in richmond

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HELLO mi name is XXXXX XXXXX i get marriage in richmond , va on the 2004. and i live in mexico already . actually i get divorce recently the tramit of divorce was here in mexico and the judge tell me before to can do the registration of divorce in mexico he need i do the registration of divorce in usa in the same state where i get marriage before so tht mean in virginia. so i can do it by myself??? what documents i need??? i send it to which office??
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Normally, there is no need to register a divorce in USA, Virginia or otherwise, unless for the purpose of enforcing the divorce later on in that state.

By operation of law, the divorce is normally automatically recognized, provided that the system used in the divorce gives both parties rights before a neutral magistrate and the system does not 'shock the conscience' of the US court. In short, if there is 'comity' of law. Hilton v. Guyot, 159 U.S. 113, 163-64 (1895).

One does not need to register in Virginia, per se, even if this is where you were married. One would register in whatever state you would be living in in the USA.

But let us say you move back to Virginia.

The way to register the divorce (if one still wants) is to file a Complaint to Register Foreign Judgment with the Circuit Court in the county where you live (if you live there). If you live in Mexico now, then it is not even possible to do this until/unless one lives in Virginia (or whatever state one will be filing this in).

This generally requires an attorney, although it is not mandatory. However, filing this petition is complex and counsel is recommended.

But again - this is NOT REQUIRED to file - only if one wishes to ENFORCE a matter under the divorce.

Otherwise, the divorce is automatically recognized.

I hope this helps and clarifies. Buena Suerte.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86640
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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