questions & answers

Question: I got married in the US, but my spouse is a Korean citizen and never lived here, just visited. He went back to korea and got a divorce over there (mutual). Now he is legally divorced thru korean court and I have the official notarized court documents. Is it automatically accepted here in the USA? I am trying to get married again to someone else and want to make sure we are allowed to now.

Answer:

• A foreign judgment of divorce generally is recognized in a state in the United States on the basis of legal reciprocity where both parties had notice of the divorce proceeding and an opportunity to be heard within these proceedings. Marriage and divorce generally are considered matters reserved to the states rather than to the federal government.
• Specific questions regarding the validity of foreign divorces in particular states in the United States should be referred to the office of the Attorney General of the state in question.  It may be necessary  to retain the services of a private attorney if the office of the state Attorney General does not provide such assistance to private citizens http://travel.state.gov/content/passports/english/abroad/events-and-records/divorce.html