Was married in mexico in 2003 and got divorced in mexico in 2013 while here in the US. Now Ex is trying to re-divorce me in the US because she wants custody of our two kids.
You generally cannot get 're-divorced'. What could be done is a certified copy of the divorce decree from Mexico can be filed in the court in the state where the children reside in order to modify custody orders.
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This is not a second divorce. It is a modification of the original one from Mexico. You need to get a local lawyer if you want to keep the kids in your custody. Search for one here on AVVO by using the Find a Lawyer tab at the top of the page. It is free and easy to use. Most will offer free initial consultations.
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I am not sure that "re-divorce" is the issue. This sounds like an international custody issue. You need to focus on what the order the Mexico court issued re custody, did Mexico have UCCJEA jurisdiction, whether the Hague convention treaty applies, etc. You really should consult with experienced counsel right away.
As noted in a prior answer, there are some international issues involved. But, assuming that all is well, a US Court, including in Oregon, may well recognize the Mexican divorce orders. You will need to find an experienced family law attorney to see what is needed to recognize, or domesticate, the Mexican decree.
You also need to recognize that all of that work may not stop your ex, as even if the Mexican decree is accepted as valid, your ex can simply file an action to modify that decree.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
I suspect that what is really going on is that the Mexican Court never dealt with the custody issue because the children were never within the jurisdiction of the Mexican Court. You can run across the border to get married or to get divorced, but jurisdiction to make orders with respect to the custody of children is much more complicated and is controlled by US laws, the UCCJEA (Uniform Child Custody and Jurisdiction Act) that is adopted in all 50 states, as well has international treaties. The point of all these laws is to restrict legal decisions with respect to child custody to one primary jurisdiction usually based on domicile and the length of residency. This is to prevent child kidnapping and forum shopping. So my educated guess is that what your ex is really doing is filing a petition to straighten out the legalities of who has legal custody. Even if you and your ex put something relating to custody in your Mexican divorce papers, it may not be legal if the Mexican Court didn't have jurisdiction over the children. Alternatively, this could be a modification of a prior order that was valid. But whatever it is, as long as children are minors, the issue of who has custody of them can always be decided or revisited by a court that has proper jurisdiction to hear the matter.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
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