The validity of a divorce decree issued outside of the United States is a significant legal question for individuals who have obtained a divorce abroad and now reside, or intend to reside, within the U.S. The central issue is whether U.S. courts will accept that the foreign divorce legally terminated the marriage. This determination hinges on various factors, primarily focusing on due process and jurisdiction in the foreign court proceedings.
Recognition of foreign judgments, including divorce decrees, is rooted in principles of comity the respect one nation affords to the laws and judicial decisions of another. However, comity is not automatic. U.S. courts assess whether the foreign court had proper jurisdiction over both parties and whether the process afforded to the parties was fundamentally fair. Historically, the recognition of foreign divorces has become increasingly relevant due to globalization and the rise in international marriages.
