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Benicia Baker-Livors
Benicia Baker-Livors, Family Law Attorney
Category: Family Law
Satisfied Customers: 36
Experience:  Managing member at Family Law Group
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Me and my husband have been married in Egypt 15 years ago.

Customer Question

Me and my husband have been married in Egypt 15 years ago. we came to the Us 14 years ago. We plan to divorce in Egypt. we divided every asset and agreed on child support and everything in a separation agreement. Do we still have to do a divorce in the
us?
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

A foreign divorce judgment will be generally recognized as valid in the US as long as both parties consent to the jurisdiction of the foreign court and both parties appear in the foreign action. See

http://travel.state.gov/content/passports/en/abroad/events-and-records/divorce/divorce-legal-issues.html

Egypt would follow the same rule, so you can get divorced either in Maryland or Egypt but you do not have to get divorced in both countries separately.

If you both reside in Maryland there is no need to go to Egypt to do this. In fact, there is some doubt that Egypt has jurisdiction to enter a divorce if neither of you reside there, but Maryland clearly does have jurisdiction.

There is a 3 month waiting period to get an Egyptian divorce after pronouncing talaq, see

https://www.facebook.com/islamicdivorce/posts/1382184428712955

If you have lived separately for 12 months, you can file for divorce immediately in Maryland, see

http://www.divorcesource.com/ds/maryland/maryland-divorce-laws-681.shtml

You can get a free consultation from some of the Maryland divorce attorneys listed by location here.

I hope this information is helpful.

Expert:  Benicia Baker-Livors replied 1 year ago.

I would answer a bit differently than the attorney above and here is why. United States will usually honor a foreign divorce judgment, assuming Egypt is in the list of recognized orders. However, you did not ask whether your Egypt divorce would be recognized here in the US. I took your question t mean that you have papers drawn up that you believe would comply with US law for a divorce but you want to file the agreement in Egypt and get divorced in Egypt. There is where I deviate from the attorney above. Egypt does NOT have to take a contract type agreement and turn it into a divorce because Egypt may have additional requirements for divorce agreements that are shocking to us. This si where you want an Egypt lawyer who is clearly familiar with American divorces as well and I suspect that would be problem.

If you are taking the time and putting the expense into having an American lawyer draft all of the separation agreements, then yo should get divorced here in the US. You should be able to get divorced here in the US if both sides agree. You may argue your dual citizenship and argue that when in the US you are a resident of the State of Maryland (your message references Maryland above).

Unless you are very familiar with Islamic divorce law and want to be bound by those customs (which are notoriously anti-woman), I can't see any situation where the WIFE would ever choose Egypt for a divorce over America. If there are children there are additional fears involving the rights of fathers to custody of children in Islamic states.

Expert:  Benicia Baker-Livors replied 1 year ago.

If I have answered your question, please rate my answers accordingly. Thank you very much.

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