Recognition and enforcement of a foreign divorce decree in New York is via the process of domestication of the foreign divorce decree. A foreign divorce decree may undergo a process of domestication which involves the recognition and enforcement of the foreign divorce decree.
In short, recognition is when a court converts a foreign divorce decree into an enforceable New York judgment thus giving it a res judicata effect. Once the foreign divorce decree is recognized by a New York court it is enforceable like a domestic divorce decree and, thus, the party wishing to the enforce the judgment may invoke the procedure for enforcement under New York Civil Practice Law and Rules.
For other articles on divorce in New York please see: International Divorces in New York and Hiring a New York Divorce Lawyer for International Divorces.
Foreign Money Judgements versus Foreign Non-Money Judgments in New York
The foreign divorce decree is either a foreign money judgment or foreign non-money judgment. An judgements that involves alimony, child support, supposal support is governed by the Uniform Foreign-Country Money Judgments Recognition Act and Article 53 of the New York Civil Practice Law and Rules. For other provisions of the divorce decree that do not relate to money such as the marital status of the spouses the above rules are not applicable. Instead, the New York court shall utilize the common law concept of comity to enforce the foreign non-money judgment.
Formal Requirements for Recognition and Enforcement of a Foreign Divorce Decree in New York
- Authenticated copy of the foreign divorce decree;
- Certified English-language translation (if applicable); and
- An affidavit by the translator stating his qualifications and that the translation is accurate (if applicable) should be filed to a New York court.
Substantive Requirements for Recognition and Enforcement of Foreign Divorce Decree in New York
Pursuant to laws and jurisprudence in New York, New York courts shall uphold the validity of a foreign divorce decree as long as the following are present:
- The foreign divorce decree is final and executory;
- The foreign divorce decree is conclusive;
- There are no circumstances under the law of the foreign country that would render the foreign divorce decree unenforceable in that foreign country;
- The foreign divorce decree was rendered under a system which provides impartial tribunals or procedures;
- The foreign court has personal jurisdiction over the defendant;
- No fraud in the procurement of the foreign divorce decree is evident;
- The recognition of the foreign divorce decree is not against the public policy of New York; and
- The defendant was given the opportunity to defend himself.
If you want to know more about the Recognition and Enforcement of Foreign Divorce Decree in New York please: Schedule a Call with our New York Divorce Lawyer.
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