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Comity Related Questions

Comity is a code that interacts in courts of different states, and foreign countries. Courts will normally agree to a trial if the same issues are being tried in another jurisdiction. Courts in this country agree to recognize and enforce legal contacts and court orders of another country. Comity usually comes up in situations of family law. Either it is a divorce that is granted in another country, or child custody cases. Many questions come up when dealing with comity and whether another state or countries will recognize it. Although, not all countries will recognize everything the United States does. Contact an Expert for all the legal questions on comity.

If an American citizen married a person in Jamaica how do they go about divorcing this person, because of wrongful marriage?

As long as they meet the residency requirements of the state they reside in, in most situations they can file there regardless of where the spouse is located and where they were married. If they don’t meet the requirements in Jamaica, they can divorce in the United States, and Jamaica will recognize the divorce under the common law of comity. They are not required to register the marriage in the United States or file any paperwork.

If two United State citizens were married in Canada will the United States recognize the marriage?

The Principle of Comity a sovereign nation will recognize the act of another nation as long as they were done according to the laws and the acts don’t offend the public policy.

As long as Canada will recognize the marriage the United States will as well. There are three government agencies that should be aware of the marriage if the female spouse is taking her husband’s last name:
1. Social Security Administration
2. DMV
3. Passport Agency- this is not mandatory but they many want to have their passport re-issued in their married name if they are taking it.

After they have their new Social Security Card with their married name and their new drivers license they will then need to go to the bank and add their spouse on the account, and vice versa.

If two Filipino residents marry in the United States, and divorce in the United States, will the divorce be recognized in the Philippines?

To answer the above question would be, no in most situations. Divorces that were entered legally in one country will be recognized as a matter of comity in almost any country, but there are limitations to that. The main one that applies to this would be recognition of that decree would violate the public policy of the country that is being asked to recognize it. The Philippines does not allow divorce, only annulment. While every state in the United States and every country over the world would recognize the divorce, the Philippines would not, because it would be against their public policy to divorce. They would have to get an annulment via Filipino law to no longer be married in the Philippines.

If someone is divorced in Mexico is it recognized in the United States?

In many cases yes, the United States court will normally recognize the divorce as long as it was based upon the doctrine of comity. This means that the parties must have a reasonable notice of the hearing, there was a neutral third party, and the judgment does not offend the sense of judgment. Mexican divorces are normally recognized in the United States.

Is a divorce in Haiti legal or recognized in New Mexico?

If the divorce is obtained lawfully and with ‘comity’, then it will be recognized. Comity means that both parties are equally represented in lawful, unbiased proceeding with basic rights. So, the answer would be yes, it would generally be recognized as long as the divorce is proven and granted in comity.

When someone gets married overseas, and they are either wanting the marriage or the divorce to be recognized in the United States, they may not know whether it will be or not. That is where comity comes into play. Contact an Expert on JustAnswer to get insight and which steps should be taken in order for the marriage or divorce to be recognized in another country.
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Recent Comity Questions

  • I am a US citizen and was married to a Japanese citizen for

    I am a US citizen and was married to a Japanese citizen for 3 years. We lived, got married and recently filed for divorced in Japan. I have moved back to the US. It is a very amiable divorce. We don't have children nor are we fighting for over any monetary or property. My questions are:

    - Are international divorces (specifically Japan) recognized in the US? Is there anything I need to file to change my status in the US?

    - In the future, would my ex-spouse have any legal standing to claim any of my or my family's property, finances, or estate? Is there anything I should do to protect myself against future claims?

    Thank you!
    Jennifer
  • Hello, I got married in 2001 in Santa Clara, CA. I got divorced

    Hello,
    I got married in 2001 in Santa Clara, CA. I got divorced in Belgium in the summer of 2012. The court in Belgium declared our marriage final with the understanding that the devision of assets still needed to be decided upon. Paperwork is in French. We lived in Belgium at the time and therefore the court in Belgium had the power to make the judgement and ruling.

    My ex-wife recently remarried in VA and told me she checked with the county clerk in Santa Clara in CA and they told her (according to my ex-wife) that the County Clerk prefered NOT to get any paperwork and that the Belgium divorce papers sufficient and that no additional paperwork has to be filed with the court in CA. I think an Uncontested Dissolution Form FL170 still needs to be filed in CA to finalize our marriage legally in the US correct? Is my ex-wife not comitting bigamy as the US court has not ruled our marriage final?

    Kind Regards
    Edwin
  • anyone know which state will recognize Haiti divorce? mainly

    anyone know which state will recognize Haiti divorce? mainly New York, Nevada, Connecticut
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