My wife and I broke up last year. I didn’t want to wait the year necessary to get a divorce in virginia. I was told that I could get a divorce overseas quickly so I obtained one in haiti. My wife says it isn’t legal. Is she right?

Divorce Va Divorce Law

My wife and I broke up last year. I didn’t want to wait the year necessary to get a divorce in virginia. I was told that I could get a divorce overseas quickly so I obtained one in haiti. My wife says it isn’t legal. Is she right?

That’s a harder question than it seems.

Virginia recognizes a divorce from a foreign country if it is legally obtained. However, if you went to Haiti simply for the purpose of getting the divorce it may not work. Haiti may allow you to remain in the country for a very short period of time and qualify for residency for the purpose of getting the divorce. It would be legal in Haiti.

However, it may not solve your problems in Virginia. The residency could be challenged on the basis that you never really left Virginia since you intended to return. Even if it worked, it would not prevent Virginia courts from deciding the issues of property and support. Simply dissolving the bans of marriage is sometimes the smallest part of the problem.

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