Where Exactly is my Marriage Recognized?

[Shonenknife 0]

Hey, my wife and I got married in Fujisawa, Japan in 2005. Through the visa process, we've used the translated marriage certificate from Fujisawa as our "proof of marriage." We never got married in the US (legally nor ceremonial). We are thinking about getting a divorce, and she wants to go back to Japan. We are wondering where we need to go to accomplish the legal steps of the actual divorce.

So my question is, where are we married? When she immigrated, we lived in Virginia. That's where she got her Green Card and all that. Now, we live in Maryland. The USCIS is aware that we live in Maryland. So, do we need to file for divorce under Virginia law or Maryland law? Or, are we only married in Fujisawa, and her Green Card was granted based on a marriage recognized overseas?

[Darnell 8,478]

Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

Edited June 15, 2010 by Darnell

[Shonenknife 0]

Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

Thanks. Your girls are cuties by the way

So, my next question would be, if I live in Maryland, we file for divorce here and she goes back to Japan. Will she need to sue me for alimony according to the laws of Maryland or whatever backwards laws Japan has?

[LoveMyTico 999]

Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

I had to fly back to Costa Rica and file. I was told by the consulate in NY that a US divorce will not be recognized in Costa Rica. I have a power of attorneyt there in CR to sign for anything that may come up so I don't have to fly back again. IT may be different in Japan but that is what I had to do. I didn't want to spend money on an attorney here only to find out I am not really divorced in Costa Rica.... Plus, I totally avoided the whole translation of documents thing.. ... GOOD LUCK

[pushbrk 12,096]

Hey, my wife and I got married in Fujisawa, Japan in 2005. Through the visa process, we've used the translated marriage certificate from Fujisawa as our "proof of marriage." We never got married in the US (legally nor ceremonial). We are thinking about getting a divorce, and she wants to go back to Japan. We are wondering where we need to go to accomplish the legal steps of the actual divorce.

So my question is, where are we married? When she immigrated, we lived in Virginia. That's where she got her Green Card and all that. Now, we live in Maryland. The USCIS is aware that we live in Maryland. So, do we need to file for divorce under Virginia law or Maryland law? Or, are we only married in Fujisawa, and her Green Card was granted based on a marriage recognized overseas?

You are married on Earth or any other populated planet. Divorce is filed and granted in the State of residence.

[redglasses 1]

You need to file a divorce in the state of your residence (Maryland).

When the divorce is final, report it to a nearest Japanese consulate.

In this way, you will be officially divorced in both counties.

How to report a divorce to the consulate general of Japan in the US:

http://www.us.emb-japan.go.jp/j/html/todoke/rikon.htm

[pushbrk 12,096]

You need to file a divorce in the state of your residence (Maryland).

When the divorce is final, report it to a nearest Japanese consulate.

In this way, you will be officially divorced in both counties.

How to report a divorce to the consulate general of Japan in the US:

http://www.us.emb-japan.go.jp/j/html/todoke/rikon.htm

Reporting the divorce is optional. It serves as a notification but as married is married, divorced is divorced, everywhere.

[Darnell 8,478]

Thanks. Your girls are cuties by the way

So, my next question would be, if I live in Maryland, we file for divorce here and she goes back to Japan. Will she need to sue me for alimony according to the laws of Maryland or whatever backwards laws Japan has?

In most states - is 3 stage process -

1. filing

2. hearing

3. divorce granted

these 3 things never on same day.

Alimony can be covered inside of the documents that are filed. If the divorce is not contested, then most details can be covered in that first filing.

If the divorce is contested, then usually requests for alimony are filed prior to the divorce hearing date. There are many variances on what and when, as well.. To 'sue for alimony' is normal in one state, whilst 'alimony request on first filing, or filing doesn't happen' in other state.

These 'things' all vary by state - you really should check in with the county where you live, learn about the ins and outs of the divorce proceedings for your area. For many counties, MOST of that info is on a web portal - others - must go to a courthouse, find the law library, befriend the law librarian there, and do a brain dump from him/her to you. (Yes, that's C O U N T Y, without the R )

Good Luck !

[redglasses 1]

Reporting the divorce is optional. It serves as a notification but as married is married, divorced is divorced, everywhere.

Reporting to a Japanese consulate is a must if at least one part is a Japanese national and the marriage is registered in Japan.

The website of Consulate of General Japan clearly states that (only in Japanese).

[pushbrk 12,096]

Reporting to a Japanese consulate is a must if at least one part is a Japanese national and the marriage is registered in Japan.

The website of Consulate of General Japan clearly states that (only in Japanese).

A must to accomplish what exactly and for whom? The OP here is a US Citizen. When Maryland grants the couple a divorce, he's divorced. He need not report the divorce to any Japanese government agency in order to have it be real or to marry again. His spouse might want to report it for her purposes as she is a Japanese citizen. If she posts a question, this information might be meaningful to her but it makes no difference to a US Citizen.

[Y&E 12]

as for 'where you are married' - you are married worldwide.

Sorry, this isn't about where to file - but I expect it is just wherever you live at the time although you may have to do something in Japan too, depending on what their laws are - but legally, not all marriages are recognised in every country worldwide. It can depend on the laws of each country whether or not they choose to recognise marriages conducted outside of their territory.

[pushbrk 12,096]

Sorry, this isn't about where to file - but I expect it is just wherever you live at the time although you may have to do something in Japan too, depending on what their laws are - but legally, not all marriages are recognised in every country worldwide. It can depend on the laws of each country whether or not they choose to recognise marriages conducted outside of their territory.

So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.

[pushbrk 12,096]

So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.

The assertion is correct in a general sense in that the US, for example would not allow a USC or Green Card holder to petition for a visa for more than ONE current spouse, even if he were legally married to multiple wives in another country and only a limited number of US States or countries would recognize a same gender "marriage".

When one man and one woman marry under the laws of any sovereign nation, they are "married" worldwide. As a practical matter this often only becomes an issue if and when applying to marry or obtain a specific benefit restricted to a legally and lawfully wedded spouse.

Edited June 16, 2010 by pushbrk

[Y&E 12]

So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.

Go argue about it with my law professor. He's the one that told us that. If you jump over a broomstick in Fiji it may be a legal marriage in Fiji but it may not be recognised elsewhere. There are many kinds of 'marriage', not just the ones that come with a piece of paper.

[pushbrk 12,096]

Go argue about it with my law professor. He's the one that told us that. If you jump over a broomstick in Fiji it may be a legal marriage in Fiji but it may not be recognised elsewhere. There are many kinds of 'marriage', not just the ones that come with a piece of paper.

True but irrelevant, as "the marriage in question" (the one asked about) is the kind that comes with a paper, in this case a piece of paper accepted by the US Consulate and USCIS as sufficient evidence of legal marriage.

Perhaps your law professor taught you the skill of answering the question that suits you rather than the question actually asked?