2013 Divorce Court

divorce court

Divorce court records contain vital set of information. Its contents include particulars such as the names of spouses, their children’s names, ages and birth dates. You can also find information about the marriage like the wedding date, where it was held, and the name of person who officiated the ceremony. Furthermore, you can also get other information such as financial data, filing numbers, alimony, custody, cause of divorce, final decree, and so on.

Like any file records, divorce court records are helpful to people for a number of purposes. The very reason why this important information is being sought by the users is that they want to verify marriage or relationship history of a prospective spouse. From this record, they can see how the past relationship or marriage of the prospective spouse, it is likely to give the user some favorable signs or warnings on the future marriage of the person. If there are cases of abuse or violence occurred in the past marriage that caused the divorce, then such information would definitely help a lot in future decisions.

One possible use for such search is to identify the official marital status of a particular person. This is very necessary most especially if someone has the intention to remarry. In that case, partners should be legally divorced from previous marriage first. Most of the time, people ignore the chance of formalizing and legalizing their divorce, especially when the response was not filed and concealed. Legally speaking, bear in mind that only certified true copies of the divorce certificates will be honored and accepted in most cases.

For those who want to track their lineage, divorce court records search is also considered as one good starting point especially when they know for a fact that separation or divorce occurred in their past generations.

People who search for their biological parents or relatives may also use divorce court records to find and hope for future reunions. There are also a number of reasons on why people use divorce records and to name a few, here are some examples: to claim an inheritance or other privileges, changing names, immigration purposes, tax claims or liabilities and others.

Under the custody of the state, these public divorce court records can be available to all users provided that the required process shall be done. For some states that do not have their own safekeeping facilities, the records can be found in the courthouses where the divorce was facilitated. Divorce court records in nature is treated as a private document but categorized as a public record open to all who needs it and to serve their own purposes.

divorce court

i won a judgement in divorce court and the house is soon to be foreclosed on. How do i go about filing a lien against the property to ensure I get what the judge awarded me?

Answer by going_for_baroque
I guess it’s one more case of what matters in real estate- Timing, timing and timing.

Your question is a bit sparse with info. You and your ex divided assets in divorce. You got “awarded” a judgement based on equity in a piece of real estate. The house will soon be foreclosed … because no one has made payments lately? Your question doesn’t give us some real pertinent information- did you get his half of the equity, or did you get some dollar amount, based on equity. But the tough part is, you didn’t say what the judge awarded you- money or equity?

Seems to me, if the house hasn’t yet been foreclosed, you have a chance if you contact the lender and correct the delinquent payments. Then you’ll have some breathing room to sell the house and get your equity. That’s the good news. The bad news is, even if you get current with the payments, there’s no guarantee you’ll be able to sell the house in this economy.

You’ve got two separate issues- the divorce court judgement, and an equitable interest in property, whose value is indeterminate.

Best bet- cure the delinquency first, then try to get your money out of the house. But you really should be asking these questions to your divorce attorney. You’re getting here what you pay for- free opinions, not really legal or binding advice. … Hope you find what you’re looking for. Good luck!

divorce court

Divorce court records contain vital set of information. Its contents include particulars such as the names of spouses, their children’s names, ages and birth dates. You can also find information about the marriage like the wedding date, where it was held, and the name of person who officiated the ceremony. Furthermore, you can also get other information such as financial data, filing numbers, alimony, custody, cause of divorce, final decree, and so on.

Like any file records, divorce court records are helpful to people for a number of purposes. The very reason why this important information is being sought by the users is that they want to verify marriage or relationship history of a prospective spouse. From this record, they can see how the past relationship or marriage of the prospective spouse, it is likely to give the user some favorable signs or warnings on the future marriage of the person. If there are cases of abuse or violence occurred in the past marriage that caused the divorce, then such information would definitely help a lot in future decisions.

One possible use for such search is to identify the official marital status of a particular person. This is very necessary most especially if someone has the intention to remarry. In that case, partners should be legally divorced from previous marriage first. Most of the time, people ignore the chance of formalizing and legalizing their divorce, especially when the response was not filed and concealed. Legally speaking, bear in mind that only certified true copies of the divorce certificates will be honored and accepted in most cases.

For those who want to track their lineage, divorce court records search is also considered as one good starting point especially when they know for a fact that separation or divorce occurred in their past generations.

People who search for their biological parents or relatives may also use divorce court records to find and hope for future reunions. There are also a number of reasons on why people use divorce records and to name a few, here are some examples: to claim an inheritance or other privileges, changing names, immigration purposes, tax claims or liabilities and others.

Under the custody of the state, these public divorce court records can be available to all users provided that the required process shall be done. For some states that do not have their own safekeeping facilities, the records can be found in the courthouses where the divorce was facilitated. Divorce court records in nature is treated as a private document but categorized as a public record open to all who needs it and to serve their own purposes.

In most circumstances, a judgment of divorce of a foreign national court has no independent force outside the forum’s territory. Thus courts will enforce their own judgments within their own national boundary.

As a general rule, a judgment of a court of one nation may be recognized and enforced in another nation if the courts of that nation are willing to accept the decree of the nation where the judgment was issued.

Recognition and enforcement of foreign judgments occur when a U.S. court relies upon foreign divorce ruling, on the ground that it has been previously litigated abroad. Thus recognition of foreign divorce judgments is akin to the domestic U.S. doctrines of res judicat (or claim preclusion, prevents parties of a claim from re-litigating the same claim), and collateral estoppel (or preclusion which extends the preclusive effort of a judgment to re-litigation of issues that were decided in a prior action.) The enforcement of foreign divorce judgment is typically sought by a plaintiff who has obtained a judgment in a foreign country.

In the United States, the judgments of one state’s court are routinely enforced in another state. Article IV, Sec. 1 of the U.S. Constitution requires that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state.” Congress has implemented the full faith and credit clause by statutory enactment providing that judicial proceedings “shall have the same full faith and credit in every court within the United States…as they have by law or usage in the courts of such State…from which they are taken.” (28 U.S.C. Sec. 1738. 1982).

The Doctrine of Comity

Presently, in the United States, there is no federal standard governing the enforcement of divorce judgments rendered by foreign courts.

Unlike state judgments, foreign judgments are not covered by the full faith and credit clause of the U.S. Constitution and other statutes. Nor are there any federal statutes to enforce foreign divorce judgments in U.S. courts. The United States is not party to any international agreement regarding the mutual recognition of divorce judgments.

With the absence of a treaty or statute upon this subject, the duty rests upon the judicial tribunals to determine the rights of the parties in divorce suits brought before them. In doing this, the courts obtain such aid for their judicial decision, from the works of jurists, commentators and academic scholars, and from the acts of civilized nations. Thus U.S. courts may give recognition to the judgments of a foreign nation as a matter of “comity.”

The “doctrine of comity,” in the legal sense, is not an absolute obligation; it is a courtesy, where the court may recognize a foreign court order, but is not compelled to do so. This extension or denial of comity is discretionary to the U.S. court

Indian nationals domiciled in the United States, initiate divorce in India. Many of them have dual US-Indian nationalities. They travel to India for the sole purpose of obtaining divorce judgments from Indian courts. Then they travel back to the United States and serve the other spouses with divorce papers. Do the U.S. courts extend comity and recognize the enforceability of those divorce judgments? Or do the U.S. courts assert their own jurisdiction on the divorce cases? The key concepts in this “conflict of law” in the United States are two: subject matter jurisdiction (or competence), and personal jurisdiction.

For a foreign court to have authority to adjudicate a dispute involving divorce, it must have jurisdiction over divorce issues. A divorce can be granted only in a court designated to hear matrimonial cases. It is well settled that U.S. courts will not enforce foreign judgments unless foreign courts possessed “competence” or subject matter jurisdiction under foreign law. Consequently, lack of subject matter jurisdiction is a basis for non-recognition.

Personal jurisdiction, known also as “personam” is the power of a court “to hear and determine a lawsuit involving a defendant by virtue of the defendant having some contact with the place where the court is located.” (See http://legal-dictionary.thefreedictionary.com/Personal+Jurisdiction). Personal jurisdiction is a basic pre-requisite for the enforcement of a foreign judgment. The foreign court issuing the judgment must possess personal jurisdiction and authority over persons within its territory. This includes: domiciliary, citizenship, place of marriage, etc.

U.S. courts generally, are able to decide divorce cases based on at least one of the spouses being domiciled or maintaining a habitual residence within the geographic jurisdiction of the court. Domicile is defined as physical presence and an intention to live permanently in a location. Such intentions are determined by where a person is registered to vote, filing state tax return, state issued driving license, which school the children go to, does he or she join a gym in the area of residence and where the home is located, etc.

Divorce cases involving multinational jurisdictions are complex. Foreign divorces may involve immigration matters, child custody, division of marital assets and support orders, which have their own specialized enforcement issues. In most cases attorneys and litigants consult with experts in foreign laws before determination.

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