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My husband and I married 17 years ago in Iran. We immigrated…

My husband and I...

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

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I live in MI and he lives in OH

Lawyer's Assistant: Have you talked to a lawyer yet?

I did , I was advised either we do not need to do it, or we can request for foreign ---judgment in our county court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I went to county court, but they do not have any information ...about such a case

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Answered in 17 minutes by:
8/23/2017
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 11 months 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!"

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Customer reply replied 11 months 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!"

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Customer reply replied 11 months 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!"

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Customer reply replied 11 months 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!"

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Customer reply replied 11 months 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!"

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Customer reply replied 11 months 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!"

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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