Legal question help ! - Foreigners married in Vegas divorce | FerrariChat

Legal question help ! - Foreigners married in Vegas divorce

Discussion in 'Other Off Topic Forum' started by dcmetro, Sep 1, 2018.

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  1. dcmetro

    dcmetro F1 Veteran

    Nov 27, 2007
    8,942
    Paris , France
    Full Name:
    Olivier
    Hi everybody.

    I have trouble finding the exact answer to my question on legal forums

    My sister asked me to help her finding the answer.

    She is french like me, and maried a french man in Vegas some years ago. Both live in france

    They are now divorced in France.

    My sister has the project to marry again, maybe in Vegas.

    What must she do ? Is she still considered married to her former husband in Vegas ? Will she need a lawyer to annul her first wedding ? or can she just bring the french legal documents of divorce without a lawyer ?

    Polygamy is serious offense that's why she wants to do it well

    Any help is greatly welcome my Fellow F-Chatters

    Thanks
     
  2. dcmetro

    dcmetro F1 Veteran

    Nov 27, 2007
    8,942
    Paris , France
    Full Name:
    Olivier
    Marry again another man of course , not the first guy ahah
     
    eostr likes this.
  3. energy88

    energy88 Two Time F1 World Champ
    Silver Subscribed

    Jan 21, 2012
    27,187
    West of Fredericksburg, VA
    Full Name:
    John
    Do it anyplace except Vegas. Problem solved! No hassles. Can't imagine why she would even want to go back to Vegas (not knocking Vegas).
     
  4. INRange

    INRange F1 World Champ
    Silver Subscribed

    Jan 27, 2014
    10,221
    Virginia/Florida/Caymans
    Full Name:
    JD
    That is a really interesting question. Generally speaking there is reciprocity for the countries that signed onto the Hague convention of 1978 recognizing marriage. If your sister filed the appropriate paperwork in France after she got married in the US, her marriage should have been recognized by France. If that is true, then her French divorce would be recognized by the USA.

    Where it gets messy is if she did not file the paperwork with France. In that case, France does not see her as married but the USA does. This happens a lot with destination weddings where the parties are non-citizens. They must file the appropriate paperwork with their home country (some even require a civil ceremony by a judge) to make it legal.

    Hopefully your sister's marriage was recognized by France. If it was not, then she would need to have her USA marriage annulled or file for divorce. Las Vegas makes it pretty easy to get a divorce if that is required.

    I'm not a lawyer but I have had several friends that did not do the paperwork when they returned from their "perfect destination wedding" only to discover years later when they wanted to get divorced.....they were never "legally" married. In one case, the "husband" kept postponing a local ceremony until his company finished their IPO so that she would not be "entitled" to any portion of the $5m capital gain.
     
  5. dcmetro

    dcmetro F1 Veteran

    Nov 27, 2007
    8,942
    Paris , France
    Full Name:
    Olivier
    Thanks a lot John

    No problem , her marriage has been perfectly recognized by France. her problem is clearly how to proceed in Vegas ... can she just walk in a wedding Church with her french divorce documents and marry again
     
  6. INRange

    INRange F1 World Champ
    Silver Subscribed

    Jan 27, 2014
    10,221
    Virginia/Florida/Caymans
    Full Name:
    JD
    #6 INRange, Sep 3, 2018
    Last edited: Sep 3, 2018
    My read of the law is that if she was properly divorced in France....that marriage is over. Marriage and Citizenship go hand in hand....meaning that your status in your home country generally dictates your status to other countries.

    Vegas doesn't care how many times you have been married. :) Most of the US marriage applications require you to "affirm" the information contained in the application is accurate. This is the link to the Clark County website for a marriage pre-application that covers Las Vegas: https://clerk.clarkcountynv.gov/AcclaimClerkPreApp/

    You will notice that the section for previous marriages just requires her to fill out the appropriate information. I would think that her passport and French divorce papers would address any documentation requirements. She can fill out the pre-application on-line which should highlight any other issues. I would contact the Clark County Clerk's office directly if any other issues arise.

    I wish her all the best in her new marriage.
     
  7. Lotaz

    Lotaz Formula 3

    Nov 18, 2016
    1,537
    Las Vegas
    Full Name:
    Scott

    I got married in Vegas then moved here some years later. Lived here for over 10 years now with no regrets. It's great place to get married, Elvis treated us well and we have been married for 18 years. My youngest daughter came out here and got married at the Bellagio 4 years ago, really nice place to get married, no Elvis for that one. Extremely classy wedding. Like I say Vegas is a great place to get married, you can have any kind of wedding you want.
     
  8. ryalex

    ryalex Two Time F1 World Champ
    Consultant Owner

    Aug 6, 2003
    24,980
    Las Vegas, NV
    Full Name:
    Ryan Alexander
    The French divorce counts. I would bring the divorce papers just to show the clerk if asked.

    Bigamy or polygamy is rarely if ever prosecuted, and is usually only an issue to annul proceedings here involving people who have married in other countries split up and remarry here in the US.
     
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