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LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
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Experience:  Relax. Let's work together. Practical solutions.
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My spouse has left the country and will not be returning. If

Customer Question

My spouse has left the country and will not be returning. If I decide to move forward with an uncontested divorce, if the Affidavit of Consent is signed, and notarized in her country, (Philippines), is an Affidavit of Consent form, notarized outside the U.S., acceptable in a U.S. court?
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Could you explain a little more?

What state are you filing the divorce in?
Customer: replied 5 years ago.

Married for less than 1 year in Pennsylvania. After discussing divorce, wife left the country on a one-way ticket informing friends that she will not be returning.

 

Divorce would be filed in Pennsylvania.

Expert:  Phillips Esq. replied 5 years ago.
Thank you for the additional information. However, I will opt out in favor of a Pennsylvania Expert.

Do not relist and do not reply to me. Doing either will delay a response from another Expert.

Thank you for your cooperation.
Customer: replied 5 years ago.

Attn:AttyPhillips.

 

I am not interested in a trial offer from the JustAnswer Website. I have deposited 48$ for an answer to a single question.

 

My question was:

 

If my spouse, who has left the country with no intent to return, is eventually persuaded to sign and notarize an Affidavit of Consent that I would mail to her. Having been notarized outside of the U.S., would the notarized form be recognized by a U.S. court. ?

Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with international family law litigation experience. I will be glad to try and answer your question seeing another legal expert has opted out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Having been notarized outside of the U.S., would the notarized form be recognized by a U.S. court. ?" No. However, this is a fairly common situation and there is a pretty easy remedy. The fancy way of saying how this works is that the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents drafted by the Hague Conference on Private International Law governs such transaction. The simple answer is that the document would need to have affixed what is called an apostille (French word for certification). By means of an international treaty, this is an official way for signatory states to recognize the formal documents of other nations. This applies as long as the country to which your spouse has gone is a member state (please see chart below).
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

 

StateMember since
Albania2002-06-04 !June 4, 2002
Argentina1972-04-28 !April 28, 1972
Australia1973-11-01 !November 1, 1973
Austria1955-07-15 !July 15, 1955
Belarus2001-07-12 !July 12, 2001
Belgium1955-07-15 !July 15, 1955
Bosnia and Herzegovina2001-06-07 !June 7, 2001
Brazil2001-02-23 !February 23, 2001
Bulgaria1999-04-22 !April 22, 1999
Canada1968-10-07 !October 7, 1968
Chile1986-04-25 !April 25, 1986
China1987-07-03 !July 3, 1987
Costa Rica2011-01-27 !January 27, 2011
Croatia1995-06-12 !June 12, 1995
Cyprus1984-10-08 !October 8, 1984
Czech Republic1993-01-28 !January 28, 1993
Denmark1955-07-15 !July 15, 1955
Ecuador2007-11-02 !November 2, 2007
Egypt1961-04-24 !April 24, 1961
Estonia1998-05-13 !May 13, 1998
European Union2007-04-03 !April 3, 2007
Finland1955-12-02 !December 2, 1955
France1964-04-20 !April 20, 1964
Georgia2001-05-28 !May 28, 2001
Germany1955-12-14 !December 14, 1955
Greece1955-08-26 !August 26, 1955
Hungary1987-01-06 !January 6, 1987
Iceland2003-11-14 !November 14, 2003
India2008-03-13 !March 13, 2008
Ireland1955-08-26 !August 26, 1955
Israel1964-09-24 !September 24, 1964
Italy1957-06-26 !June 26, 1957
Japan1957-06-27 !June 27, 1957
Jordan2001-06-13 !June 13, 2001
Latvia1992-08-11 !August 11, 1992
Lithuania2001-10-23 !October 23, 2001
Luxembourg1956-03-12 !March 12, 1956
Malaysia2002-10-2 !October 2, 2002
Malta1995-01-30 !January 30, 1995
Mauritius2011-01-19 !January 19, 2011
Mexico1986-03-18 !March 18, 1986
Monaco1996-08-08 !August 8, 1996
Montenegro2007-03-01 !March 1, 2007
Morocco1993-09-06 !September 6, 1993
Netherlands1955-07-15 !July 15, 1955
New Zealand2002-02-05 !February 5, 2002
Norway1955-07-15 !July 15, 1955
Panama2002-05-29 !May 29, 2002
Paraguay2005-06-28 !June 28, 2005
Peru2001-01-29 !January 29, 2001
Philippines2010-07-14 !July 14, 2010
Poland1984-05-29 !May 29, 1984
Portugal1955-07-15 !July 15, 1955
Republic of Korea1997-08-20 !August 20, 1997
Republic of Macedonia1993-09-20 !September 20, 1993
Romania1991-04-10 !April 10, 1991
Russia2001-12-06 !December 6, 2001
Serbia2001-04-26 !April 26, 2001
Slovakia1993-04-26 !April 26, 1993
Slovenia1992-06-18 !June 18, 1992
South Africa2002-02-14 !February 14, 2002
Spain1955-07-15 !July 15, 1955
Sri Lanka2001-09-27 !September 27, 2001
Suriname1977-10-07 !October 7, 1977
Sweden1955-07-15 !July 15, 1955
Switzerland1957-05-06 !May 6, 1957
Turkey1955-08-26 !August 26, 1955
Ukraine2003-12-03 !December 3, 2003
United Kingdom1955-07-15 !July 15, 1955
United States1964-10-15 !October 15, 1964
Uruguay1983-07-27 !July 27, 1983
Venezuela1979-07-25 !July 25, 1979

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