If I’m a non-citizen residing in the US and have filed divorce in both countries will that affect my alimony and other right in the US?
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If I’m a non-citizen residing in the US and have filed divorce in both countries will that affect my alimony and other right in the US?
My divorce is final in my home counrty. What if I appeal that court decision there stating my dissatisfaction and re-open my divorce case for further review? Will that be sufficient for the US court to not dismiss my divorce until my appeal is heard in my country? I can’t afford an expensive attorney but I am not sure how I should approach this situation. My spouse already brought and presented.
Asked on June 22, 2012 under Family Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, if you have already received a marital dissolution decree as a resul of a court filing in your home country which is not the United States, the court in which you filed in the United States your dissolution action does not have jurisdiction to hear the matter.
The reason is that you have a prior matter for the same thing already filed. Most likely your dissolution action in the United States will be dismissed.
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