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When is a divorce "Final and irrevocable"

Married in Romania in 1975, divorced in Seattle USA in 1992. I need to have the Dissolution of Marriage Decree recognized in Romania, but the romanian legal authorities require the words "final and irrevocable" as part of the document's wording. Can the Court add those words to the Dissolution decree? When is a divorce final and irrevocable? How can I prove that my divorce is final and irrevocable? Which law/rule deals with this subject? Is there another legal document that I could make refference to or present to the romanian legal authorities that would explain when, a divorce in the U.S. is final and irrevocable? Thank you, Andrew

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Attorney answers (1)

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I know nothing about the laws of Romania, but let me offer these general thoughts which might be of some help in getting you started. First, you need to consult a divorce lawyer who is familiar with the enforcement of American divorce judgments abroad. Having said that, there is very likely no way that a U.S. court is going to add any language to your divorce decree, whether to satisfy a Romanian court or for any other reason. Usually a divorce ends in a "Judgment of Divorce." Under American law a judgment is considered "final" (subject, of course, to appeals, but in divorce cases appeals do not usually concern the divorce itself, but instead some aspect of the judgment such as alimony/maintenance, child support, and custody). The word "irrevocable" never, to my knowledge, ever appears in an American judgment. In fact I don't think any judgment in an American court is ever "irrevocable," because judgments can be vacated in certain circumstances involving fraud, mistake, or default. I am going to guess that what you need is to have an attorney in Romania explain to that court exactly what an American judgment of divorce means, and its legal effect. In other words, American law is going to have to be explained to a Romanian judge so that hopefully the Romanian judge will understand that an American divorce decree is the final step in an American divorce, as opposed to, say, some interim step in the divorce process.

Your best bet might be to find an American lawyer who does business in Romania, understands the Romanian legal system. I am including a link below for a Romanian-American law firm in New York that serves the Romanian community in the New York area (I found them on the internet -- I don't know them). I'll bet they would be a great place to pose your problem. Good luck!
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