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legalgems
legalgems, Lawyer
Category: Legal
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I have a question about divorce, Alaska, no, I'm a US

Customer Question

Hi, yes I have a question about divorce
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Alaska
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm a US citizen, my ex wife in an Australian citizen and we married in Australia
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

Hello; what is your question please?

Customer: replied 2 months ago.
Hello
My question is I am an American Citizen and I married an Australia Citizen in the country of Australia. My question is if I get divorced here where I live in Alaska will that divorce be recognized for me here in America if I wish to get married again?
Customer: replied 2 months ago.
Do not call just response through email is fine
Customer: replied 2 months ago.
It's also important to know that my soon to be ex wife is willing to sign whatever paperwork is required that I mail to her so I can present that paperwork here.
Expert:  legalgems replied 2 months ago.

Yes, the US does not need to have presided over the marriage in order for a US divorce to be effective; basically for the court to have jurisdiction, it only requires one party to have residency in the state at issue (Alaska presumably) and for the other party to either be served notice in accordance with the laws of their locale, or to consent to US's jurisdiction by singing a waiver of service or an acceptance of jurisdiction.

The US courts main consideration is that both parties are properly awrae of the proceedings and have an opportunity, if desired, to participate; so long as those due process concerns are addressed the courts will exercise jurisdiction.

Similarly the US does give comity (acknowledgment) to foreign decrees if the above principles apply.

This website will provide forms needed to start the process:

http://www.courts.alaska.gov/shc/family/shcstart.htm

Here is the waiver form:

http://www.courtrecords.alaska.gov/webdocs/forms/dr-110.pdf

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 2 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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