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My boyfriend was married in Mexico but filed for divorce here is this legal and can we get married here?

Houston, TX |

He has filed for divorce here in Texas and it has been already done does this make it legal in Mexico or is there other forms he needs to register in Mexico to have it known he is divorced there also?

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Attorney answers 3

Best Answer

As long as your boyfriend's divorce was properly granted by a judge in Texas then the divorce is good. You need to make sure that your boyfriend completed all of the necessary paperwork to accomplish this task. Simply filing for divorce alone is not enough. If I were you I would ask to see a copy of the entire case file to make sure that a final decree of divorce was actually granted and signed by the judge. Otherwise you might end up with a situation where your married to someone that is married to someone else. It's a good idea to be diligent now instead of having your marriage voided later. If you find the divorce was not completed, that can be fixed a whole lot easier now than down the road.



Thank you I do have the divorce papers signed by the judge but I was wondering if there was some process that needs to be filed in the Mexcian courts to show he is divorced in Mexico? I was told that he had to send some kind of papers to the courts in Mexico so it is legal also in Mexico..


He may need to get the TX order "domesticated" in Mexico by taking a certified copy there, I'm not sure. As for is it valid here, yes. So you and your boyfriend can get married here as long as 30 days have passed since he became divorced.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.


I agree with what the other attorneys have written.

If he is a resident of Texas, then the divorce needs to be handled in the State of Texas.

Where a person married is irrelevant. A person divorces where he currently lives. Otherwise, it would be a nightmare - could you image everyone having to return to the place where they married!

I agree that you should see a copy of the written paperwork. The final document is "Final Decree of Divorce" and it needs to be signed by a Judge. The Judge's signature is the only signature that matters. So if his ex-wife does not sign it does not matter. In order for a divorce to be "valid" only the judge needs to sign the Final Decree of Divorce.

Lastly, when you go to get married, the clerk will ask you a series of questions and one of them is how long ago he divorced his former wife. As the other attorney has already answered, a divorce must have been granted more than 30 days ago in order to legally get married again in the State of Texas. Of course, many people don't tell the truth and they get marriage license sooner than 30 days.

It's extremely complicated & I'm not going to go into all the legal arguments in this email, but if you marry sooner than 30 days and then you decide to divorce many, many years for now, then it is not a valid reason for divorcing this man! (If you participated in this illegal act knowingly, then you cannot claim to be a "victim" later!) Please never lie under oath ever!



Thank you he has been divorced for a couple of years and it is signed by a judge here in Houston, but I was told that it is not valid in Mexico unless he files some kind of form making it valid also in the Mexican courts!