Question:
Are divorce decrees legally binding from one state to another so that enforcement can occur in any state regardless of where the divorce was entered?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.
Most states recognize and honor agreements and divorce decrees from other states. Typically, a court will require that the order from a foreign state be domesticated before enforcing it.
Most states have a process called Domestication of a Foreign Order, though the terminology may vary by state. In that process, the courts in the resident state will take an order issued in another state and make it into an order in the new state so it can be fully enforced.
The domestication process is much like any other civil action. The petitioner files a civil action asking the court to domesticate a foreign order. The court entertains evidence on the enforceability. Most often, the domestication is done by agreement unless one party has a reason to cause delay.
Once the previous state’s order is domesticated in the new state, then the new state can enforce what was ordered in the divorce decree.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta Divorce Lawyer Andrea Johnson, please contact Cordell & Cordell.