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mkc1959
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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My dad filed from my mom in Haiti in 2012, she found out

Customer Question

My dad filed for divorced from my mom in Haiti in 2012, she found out just last week. is this divorce valid as she was not sent notice or received notice. It is posted on a Haitian newspaper website
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.

The quickest, easiest way to obtain a unilateral divorce is to travel to Haiti to obtain a divorce decree. Haiti is the only offshore divorce option if you’re unable to obtain your spouse’s consent for divorce. You will need to travel to Haiti to appear in court, however, there are no residency requirements. Public notices informing your spouse of the impending divorce are posted in Haiti, but if no reply is made to the court within twenty-one days, a default judgment is issued granting the divorce.

Although obtaining a unilateral divorce is a straightforward process in Haiti, it’s important to determine whether or not your divorce will be recognized in your country of residence. Although bilateral divorces obtained overseas are usually recognized by foreign courts, this isn’t always the case with unilateral divorces.

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Strangely, then the divorce can be valid in Haiti. But, it would not be valid in the United States, unless your mother was subject to the jurisdiction of the Haitian Court. To be subject to the jurisdiction of the Haitian Court, your mother would have had to (a) be a Haitain citizen, (b) have gotten married in Haiti or lived with your father in Haiti, or (c) agreed to the divorce. Based on my assumptions from your recitation of the facts, I assume neither of those three conditions is accurate, so that the Haitian divorce would not be enforceable in the United States and as far as Florida and the United States are concerned, your mother is still married. Please let me know if I have answered your question or if you have follow up questions. If I have answered your question, then please hit the accept button so that I may be paid.

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