The population of Texas includes many people who were born outside of the United States. These people may have lived in their home countries for many years before coming to the United States, and some of them even married and divorced in their countries of origin before they arrived in Texas. Since their arrival, they have established themselves in Texas, and many of them are now successful business owners or are enjoying other forms of success and prosperity.
The success and security that some immigrants are building for themselves in Texas could be in jeopardy, thanks to a law that recently went into effect which essentially allows Texas to decide whether or not it will honor judgments of foreign courts. In other words, the divorce that you thought was final in your home country might not be valid in Texas. Fortunately, you may be able to protect yourself and the life that you have been building here in Texas by pursuing a Texas divorce.
The new law allows the Texas Supreme Court to make rules that restrict recognition of foreign judgments that might run afoul of due process or the constitutional rights of any of the parties to whom those judgments apply. Many countries have laws that result in judgments that do pass muster under the new law. Some nations have laws that vary drastically from American laws, especially those countries where women have significantly fewer legal rights than men do. Divorce decrees from those countries, as well as prenuptial agreements and other legal judgments from those countries that are not fair and equitable, will also be declared invalid by Texas courts because Texas requires fairness and equitability in judgments made by its courts.
A case that is now in the Texas court system provides an example of how the potential for conflict between the decrees of foreign courts and the law as applied by Texas courts can affect individuals. A foreign-born man came to Texas and built several enterprises. A few years after he arrived, the ex-wife whom he had married and divorced in his home country came to Texas and asserted a claim to half of everything that the man had acquired because her foreign divorce from him is not valid in Texas. While we do not know how the Texas courts will resolve that case, it is a very concerning example of the types of implications that the law regarding foreign judgments could have.
When immigrants try to divorce in Texas, and they own property in another country, they may encounter difficulty in obtaining recognition of a Texas divorce decree awarding the property to either spouse in the courts of their home country. A strategy that courts and attorneys can use to circumvent this issue is to have the foreign property get legally divided by a court in the country where it’s located, and then consider the value of the foreign property awarded to each spouse in completing the property division portion of the Texas divorce decree.
A Texas family law attorney can help you decide whether to pursue a divorce or division of property in Texas and or elsewhere. If you obtained a divorce in a foreign country, your Texas Family Law attorney can help you evaluate whether getting a Texas divorce would benefit you or protect you in any way. To learn more, call (903) 753-7499, to arrange a consultation with Texas Family Law Attorney Alex Tyra. Alternatively, visit our web page anytime and submit an online contact form.