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Mexican Law/Mexican divorce in 1966

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Question
I went to Juarez in 1966 for a Mexican divorce.  It was arranged by my lawyer and my ex's lawyer in NY where we lived; the docs stated that my ex was represented by a Mexican attorney -- mutual divorce.  We both lived in NY at that time.  Today I live in Florida and am married to a Canadian who is applying for a green card.  Immigration questions the validity of my Mexican divorce decree and implied that I may still be married to my ex because Florida does not recognize Mexican divorces. My Florida lawyer doesn't want to represent us any longer because he doesn't understand divorce law.  What are my options?

Answer
Hello, I would show both immigration and the attorney this information from the US Department of State web site www.state.gov/documents/organization/86803.pdf

They state:

d. A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895)), provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce. Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce.

This is where I direct people when they have this question.

The only thing that comes to mind may be that maybe they think you got divorced too quickly or were forum shopping as most states have residency requirements for a court to be able to issue a divorce judgment and from what you say both of you were living in New York, why the foreign divorce?

Good luck
Spencer

Mexican Law

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Lic. Spencer Richard Mc Mullen

Expertise

All general law questions regarding Mexico. Birth / Death / Marriage certificates / Apostilles as well as real estate documents from the State of Jalisco and dual nationality. Licenciado en Derecho (Mexican law degree) Cedula 7928026 / Estatal 114067), Postgraduate Specialty Degree and 8 postgraduate diploma degrees, official Jalisco State Court Translator (Perito Traductor), US Consulate and Guadalajara Municipal Translator

Experience

Law degree, specialty degree, postgraduate courses, intern for 3 years in State Civil Court in Chapala, Jalisco, interned 1 year in Jalisco State Supreme Court, extensive ongoing continuing education, past and present litigation in all types of courts (Federal, State, District, Agrarian, Criminal, Administrative, Tax, Business, Family, Civil, Unitarian, Appellate, Municipal), Internship in a Notary Public office

Organizations
Barra Mexicana de Abogados, ANADE Colegio de Abogados, Mexican Translators Association, Colegio de Abogados de Derecho Fiscal y Administrativo del Estado de Jalisco, Colegio de Abogados de Chapala,

Publications
Yuculandia, Informador, Lake Chapala Reporter, Guadalajara Reporter, Chapala.com, Insidelakeside.com, Good Morning America, ABC News Texas, Various online news sources,

Education/Credentials
Licenciado en Derecho (Law Degree) - Universidad America Latina, Especialidad en Derecho Procesal Civil y Mercantil (Specialty Postgraduate Degree) - Universidad Panamericana, Jalisco State Judicial Council Authorized Court Translator, Municipality of Guadalajara Authorized Translator, Federal Banking and Insurance Commission Arbitrator, Postgraduate diploma course in Condominium Administration, Postgraduate diploma course in Procedural Law, Postgraduate diploma course in Contractual Law, Postgraduate diploma course in Human Rights and Extraordinary Constitutional Writs, Postgraduate diploma course in Administrative Law, Postgraduate diploma course in Notarial Law, Postgraduate diploma course in Corporate Law, Postgraduate diploma course in Municipal Law, Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015 Mortgage Agent Certification - Mexican Association of Financial Intermediaries, California Real Estate Broker License US Federal Mortgage License Various courses in civil, business and tax law

Awards and Honors
Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015

Past/Present Clients
Large corporate clients as well as individuals and estates

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