Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

ANNULMENT, SEPARATION, & DIVORCE

Question #57:
FOREIGN DIVORCE


I am Japanese citizen who was married to an American citizen.

We got married in Japan 6 years ago, registered in Japan first then
registered at city hall in New York as well afterwards.

With mutual agreement, we filed for divorce last year in Japan since I was
resided in Japan already after a year of separation. In Japan we can do
uncontested divorce just us signing a sheet of paper without lawyer when
there's no children or assets.

My question is, even I have Japanese divorce paper notarized by US Embassy,
do I still have to get divorced in New York since we were registed in New
York as well?
I found out later that our registration of marriage in New York wasn't
necessary since we were already married in Japan thru US Embassy.

For your information, I live in Japan now and my ex lives in New York.

Are we still married under New York law?
If we are, can we just send NY City Clerk a letter that we are divorced in
Japan with a proof of Japanese divorce paper?

Please give me any advice.

Thank you very much.
Answer:
New York State recognizes foreign divorces. Unless either of you contest the divorce New York will accept it. You do not have to do anything in New York.
If you wish to remarry in the US, you would provide the county clerk's office in the jurisdiction you are seeking to re-marry a certified copy of your divorce with the US Embassy notarization.

Leonard M. Weiner, Esq./Divorce Solutions

Back to content