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is a Mexican annulment legal in the US

Customer Question
is a Mexican annulment legal in the US
Submitted: 7 years ago.Category: Legal
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Answered in 1 minute by:
6/5/2010
Lawyer: Joseph, Attorney replied 7 years ago
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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I'm a licensed family law attorney and I believe I can provide assistance here. However, your question is a bit unclear.

 

If I'm understanding it correctly, you are asking if an annulment that took place in Mexico would be recognized in the U.S. Is this correct?

 

Thank you.

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Customer reply replied 7 years ago
yes. The decree of annulment is from Civil Court of First Instance, City of Calpulalpan, State of Tlaxcala, Republic of Mexico. Neither party is a resident of Mexico and the wife/defendant did not know the husband got the decree until he remarried someone else in California
Lawyer: Joseph, Attorney replied 7 years ago

The simple answer here is yes, the annulment would be recognized by the U.S. In general, any legal action taken in another country will be recognized by the U.S.

 

However, this is a pretty unusual situation and, I would suggest, could be handled in a variety of ways. You didn't state your connection to this matter. If you wanted to uphold the annulment, I would suggest doing nothing, simply let the foreign annulment control. Conversely, if you wanted to overturn the annulment, you could object to the legal action and, potentially, have it overturned.

 

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Customer reply replied 7 years ago
Doesn't a legal action taken in another country have to conform to the laws of the other country in order for it to be valid in the US? What about the issue of residency and no notice to the wife of the annulment action? Your answer seems to contradict internet research I'm conducting. I'm a friend of the woman who married the man believing the annulment was legal, but the prior wife says she is still his wife.
Lawyer: Joseph, Attorney replied 7 years ago

Generally, yes, the legal action must conform with U.S. law. However, for that to happen, someone would need to object to what took place....this is why I stated in the earlier post that, "if you wanted to overturn the annulment" it would be possible to do so.

 

In other words, if nothing is done, the annulment would be considered legally sound. Conversely, if it were objected to, a court would examine the situation and make a determination as to whether it was handled in an appropriate, legally sound, manner. If it were not, then it would be set aside.

 

What it comes down to here is whether anyone is going to object. If the first wife objects, she would likely be able to set it aside. As you've alluded to, this is so because neither party was a resident of Mexico and therefore shouldn't have been entitled to obtain relief in that country.

 

Joseph
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