If Iam in the military and was married in Italy,can I get a divorce in the US?
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If Iam in the military and was married in Italy,can I get a divorce in the US?
I am on active duty, was married in Italy, and am now getting an Italian divorce. We were only married for 2 months before we started the separation process. We have a separation agreement that is very favorable to me, but she is calling and threatening me weekly trying to extort more money from me. I leave Italy in about 10 months but have more than 2 years of time left on this separation (3 years of separation required under Italian law). My Italian lawyer says that our marriage may not even be valid in the States. Is this true? Would it be possible for a TX divorce to end this faster?
Asked on September 2, 2010 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Marriages that are valid on other countries are recognized here in the United States as valid marriages as well. They are called "full faith and credit" laws. How ridiculous that someone would tell you that. That would mean that every couple that enters the United States with a valid marriage certificate from another country can just walk away from their vows and obligations? I think not. What is the basis for this statement?
As for a quicker outcome in Texas, that may in fact be the case. Three are also laws that have been enacted specifically for those in the military on active duty. I would consult with an attorney in Texas before you do anything else in Italy. You are a Texas resident I am assuming and if you came to the US and residing there for the time required you could file for a divorce based upon the law in Texas. And then Italy would have to recognize the divorce under the same premise that the US recognizes the marriage. It does not, however, sound like it is amicable. And that will always stall the proceedings. Good luck.
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