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What country resides over the divorce settlement when married in Mexico and living in Malaysia when separated?

Asked over 2 years ago - Houston, TX

I am an Australian citizen and my wife is American (Texas born), and we were married in Mexico. We have 2 children both born in Texas also, yet currently residing as Australian citizens. I have never applied for residency in America, however my wife has Australian residency at present and yet we live in Malaysia now. She is leaving me and planning on taking the children back to Texas to start divorce proceedings. Does the US divorce courts recognise this situation and can force me to oblige to their rulings, or are we required to have divorce settlements and custody arrangements in Mexico or Australia or Malaysia?

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Attorney answers (1)

John M. Kaman

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in San Francisco, CA.

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The place of your marital residence is the place that has jurisdiction over your marriage. If I understand the facts correctly that place would presently be Malaysia. If she leaves you she will have to establish residence in TX before instituting a divorce action there. More importantly, by international treaty she has no right to leave Malyasia with the children without your consent or a court order. It's called parental child abduction.

John M. Kaman

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