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Marriage and divorce are considered matters reserved to the states rather than to the federal government in the United States. A divorce decree issued by a foreign country generally is recognized in a state on the basis of comity, provided that the parties have fulfilled the requirements imposed by the issuing country’s law as well as the state’s law.
Globetrotters and their legal advisers, beware! Married business and professional people who spend lots of time overseas-increasingly the thing to do when building a business, or just having fun, in the global village-may end up in the proverbial pickle if they get divorced.
People spend more time overseas than ever before. They might marry a foreign national in one country, parent children in another, and own a business in a third country. Our world is becoming a smaller place and this will have increasing impact on the analysis a matrimonial lawyer must bring to a new case.
Fault grounds for divorce include adultery, constructive abandonment for at least one (1) year, cruel and inhuman treatment, and imprisonment of a spouse for three (3) or more years. Prior to October 2010, other than a legal separation agreement that was filed with the court, divorces were based on fault.
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