Mexico Divorce & Legal Issues: A Guide for US Residents

Question
Hi there, I am hoping that you will be able to assist me in finding my answer, because I don't have the funds to seek advice from a lawyer! I was married 5 years ago to a man in Mexico, and tried to get him a marriage visa to come back to the united states with me. It didn't work out romantically, and luckily he never ended up getting his visa. I left mexico about a year ago and returned to the US.  I'm financially struggling, so I don't have the funds to pay a lawyer in mexico to begin the divorce. (divorce in mexico is a lot different than here from what I understand) I'm planning on getting a divorce asap however, I'm wondering if in the meantime my marriage is acknowledged in the US? Am I legally married in the US even though I've always filed as a single tax payer? Please let me know if you can help me, or if you could steer me in the right direction as far as finding my answer!

thanks!


-erica  

Answer
Hi Erica~

Yes, your marriage is legal in the US (and anywhere around the world).  As long as it was done in accordance to Mexican law (with the minister, filing of the property marriage certificates, etc); then it would be legal and valid anywhere in the world, including the US.  

You can also obtain a divorce here.  However you must live for so long somewhere (meaning one particular state) for 90 days (this is typically what it is, to show that you have a semi-permanent residence in that state) in order to file for a divorce.  And divorce laws vary greatly from state to state.  

As for filing taxes, what you would do would to claim married, but filing single (since he's in another country, or if a person is married but separated, etc).  

Here is a great divorce website, it is: www.divorcenet.com click on the state where you reside.  It will give you divorce laws of that state, along with other info you may find helpful.  Also another site on divorce that may help you is www.international-divorce.com , you should be able to click on Mexico to see what differences are between the US and Mexico's divorce laws and procedures.  And yes, some countries vary widely on divorce laws/procedures.