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Divorces obtained by US couples in a different country or jurisdiction

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Due to the complex divorce procedures required in many places, especially including many states of the United States, some people seek divorces from other jurisdictions that have easier and quicker processes. Most of these places are commonly referred to negatively as "divorce mills."

There are four main reasons that people look to another jurisdiction for a divorce:


Divorces granted by other countries are generally recognized by the United States as long as no person's rights were infringed upon. The most notable in this situation is the notion of "due process", which is required by the Constitution of the United States and thus is not flexible. This means that the spouse who is the defendant in the case must be notified of the proceedings and be given a certain time frame to respond to the allegations and state their case. This is only the case in a contested divorce, as in an uncontested divorce both spouses agree to the terms and sign off on the divorce; although in almost any if not all of these jurisdiction only one spouse is required to physically visit the country. While a contested divorce where due process was not observed is likely to be ruled invalid by a court in the United States if challenged, it is not illegal, as matrimonial law is private law and not criminal law, and is valid by default unless or until it is challenged (usually in the state or country of residency of either spouse.)

The State of Nevada is commonly used for a few reasons. It only requires a 6-week stay to meet the residency requirements, the lowest in the United States. One easy way to demonstrate that you have met this requirement is by having another resident of Nevada simply sign an affidavit testifying to your residency there. Nevada allows for "irreconcilable differences" as a cause for divorce, the importance of which are mentioned above. Also, it has an extensive and straightforward system for marriage annulment, and attracts people who would prefer an annulment (which declares the marriage wasn't valid in the first place) than a divorce. One major reason this attracts people is it allows for an easy bypassing of the mandatory 50/50 split in community property states, most notably the adjoining State of California. Nevada, however, is also a community property state and hence will follow similar rules in a divorce proceeding.

 


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