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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I married 17 years ago in Iran. We immigrated

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JA: Hello. How can I help?
Customer: My husband and I married 17 years ago in Iran. We immigrated to US in 2010. since 2015 , we are both US residents. 1 month ago we divorced in Iran . i I was wondering whetehr it is required by US law to register our Iranian divorce in Local court? Currently I live in MI and he is in OH
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I live in MI and he lives in OH
JA: Have you talked to a lawyer yet?
Customer: I did , I was advised either we do not need to do it, or we can request for foreign ---judgment in our county court
JA: Anything else you want the lawyer to know before I connect you?
Customer: I went to county court, but they do not have any information ...about such a case

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

It is not required for a foreign divorce decree (Iran, or otherwise) to be registered with the state or the court, unless one or both of the following is true:

1) You wish to contest the divorce, arguing that it was not proper and had no comity/equity, and thus should be set aside and not recognized by USA; and/or

2) You wish to enforce the divorce decree in some way, such as division of property and/or alimony, etc.

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Customer: replied 1 month ago.
Thanks. So it wont be an issue for filing tax , and social security benefit ?Do we need to let US gov knows that our marital status has changed?

No. For IRS and SSA, one simply marks as "divorced." SSA and IRS never request proof on a regular basis. If they do, a divorce decree translated from Farsi to English should do the trick.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
Thanks! Just to confirm. The Iranian divorce registration is not required either at MI or OH. is that right?

Correct! There is no need to register the divorce in MI or OH, unless, (a) enforcing it, or, (b) challenging/modifying it.

And there is no need to send it to any federal agency (IRS, SSA, etc). They may ask for a copy in an audit later on, and if so, a certified English translation would suffice.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
On emore question. Our attornies in Iran have signed a letter on behalf of us stating that neither of us can claim for any of the others belongings after divorce. My husband is claiming for all the gifts he and his family had given to me troughout this 17 years! Could it be an issue with regard the item a your mentioned in your response?

Sure, no problem.

If you do not wish to challenge it, then no. Assuming you do not challenge it, then the divorce is presumed final.

if you wish to challenge that part of the divorce, let me know. This would open up another can of worms.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
I do not want to challenge it. But I have already given up from my rights which was 700 gold coins (dawery) and forgave them to him in order to get his approval to sign the divorce. But now that all is over and divorce is taken place he is s wants m eto rerurn the gifts they had given to me. According to Iran's LAW, he can not do that. Is it the same in US?

Yes and no.

Your husband can enforce the decree from Iran by filing it here, and then filing an enforcement pleading. If so, then it would be enforceable... UNLESS you challenge the validity of the claim. See HERE. It is up to you.

If you challenge the divorce, you may be able to override it on basis of COMITY (see link).

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
the letter that was signed by his attorney, does not mean anything in US? According to this letter he has no right to claim for any thing after divorce. On the other hand, are the gifts given to the spouse during marriage returnable?
If he wants to enforce the decree, I can aslo enforce to get my 700 gold coins dawery. is that right?

I'd have to see the letter, but it may be enforceable as a post-nuptial agreement or a contract. However, it may be attacked on the same principle as the divorce decree - COMITY.

If he wants to enforce the decree, you can also enforce it as well, yes.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Customer: replied 1 month ago.
Thank you so much! 700 gold coins worth at least 10 times more than those gifts. He bete to not put himself into trouble!!
Thanks again.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

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