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i expect that he would file in mexico as he has just received his permanent resident visa. the property is in the state of washington, my mothers house, which i have used these past 10 years as my usa based billing address. my understanding based on what i have read is that if i file first in the us, that filing and order would take precedence over any foreign filing. the reason i mentioned that he is german is because he still maintains a german bank account, both of our names are XXXXX XXXXX and i want to be able to file any order i receive from the usa in germany so that i get the money (lien?) and the things he has stated he would provide to me in the hand written separation agreement he wrote out and signed yesterday. i do not believe it (handwritten separation agr.) would be enforceable in mexico, but i could be wrong.
Thank you for your follow-up, Louise.You are correct, if you file in the US first, then you could claim that the country has primary jurisdiction and that all decisions or decrees are based on US law. My concern is that he may be able to contest residency. Under Washington state law for you to use the courts you must show that you were a 'resident' for at least 180 days before you file. In other words you physically have to reside in that state before the courts would be accessible. Having property is a great first step but you still have to prove that you physically were in the state.As for anything handwritten, provided you do not sign it, neither US, Germany, or Mexico would honor it--both parties have to consent and agree to terms. In the US if both sign it, then the courts could give the agreement some deference and treat it as a template for the divorce settlement but if any of the conditions are against state law or are 'unconscionable' (blatantly unfair), the courts do not have to enforce it.Good luck.
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