Would Florida recognize a Mexican divorce if neither spouse lived in Mexico?

Plain-English summary

In an October 2007 informal letter to a German judicial officer, Florida's Attorney General's office said it could not validate a Mexican divorce decree. It described its jurisdiction as limited by statute and said the issue was outside its power to decide formally.

The office nevertheless summarized treatise material it sent with the letter. It said Florida courts would not recognize a foreign-nation divorce as ending a marriage unless at least one spouse had established a good-faith domicile there when the decree was rendered. Because the correspondent reported that neither spouse had residence or domicile in Mexico, the office said "it does not appear that Florida would recognize this divorce as valid in this state." That was an informal assessment based on the reported facts, not a validation decision.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did Florida's AG validate the Mexican divorce?
A: No. The letter expressly said the office had no power to validate foreign divorce decrees and gave only informal comments.

Q: Why did domicile matter in the letter's analysis?
A: The office summarized Florida legal treatise material as requiring at least one spouse's good-faith domicile in the foreign country when its court entered the decree for Florida to recognize it as ending the marriage.

Q: What did the office say about this particular decree?
A: Relying on the correspondent's account that neither spouse resided or was domiciled in Mexico, it said Florida did not appear likely to recognize the divorce as valid.

Background and statutory framework

A judicial officer asked about a Mexican court decree and reported that neither spouse lived or was domiciled in Mexico at the time. The AG's office declined jurisdiction to validate the decree, enclosed material from a Florida legal treatise, and relayed the treatise's domicile rule. The letter included the treatise's illustration that "[l]iving for a few days in a transient hotel in Mexico" was insufficient to establish domicile. The letter did not quote or analyze a particular Florida case or statute in its own text.

Citations and references

The letter refers to 26 Fla. Jur. 2d s. 1286, "Family Law," as the source of its general discussion; the cited treatise pages were described as enclosed but are not reproduced in the official page text.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/validity-of-foreign-divorce
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8280

Original opinion text

The Honorable Wolff

Judicial Officer

Der Prasident

Des Oberlandesgerichts Munchen

Prielmayerstrasse 5

80097 Munchen

Re: Recognition of Foreign Divorce Decrees; Divorce Decree issued in Mexico

Dear Sir or Madam:

Thank you for contacting the Florida Attorney General's Office regarding whether Florida would recognize a divorce decree issued by a Mexican court. Attorney General McCollum has asked me to respond to your letter.

After reviewing the information you have submitted, it does not appear that this is a matter over which this office has jurisdiction. The Florida Attorney General's jurisdiction is limited by statute and this office has no power to validate foreign divorce decrees. However, in an effort to assist you in some way, I am enclosing copies of material from a Florida legal treatise discussing divorce decrees of foreign nations and citing the Florida cases and statutes upon which it relies. As you will see, Florida courts will not recognize a judgment of divorce rendered by the courts of a foreign nation as valid to terminate the existence of a marriage unless at least one of the spouses has established a good faith domicile in the foreign nation at the time the decree was rendered. The text notes that "[l]iving for a few days in a transient hotel in Mexico, or for six days in the Dominican Republic is not enough to establish domicile." See 26 Fla. Jur. 2d s. 1286, "Family Law." As you have advised that neither of the parties had residence or domicile in Mexico at the time of the divorce, it does not appear that Florida would recognize this divorce as valid in this state.

I trust that these informal comments and the copies I am sending you will be helpful to you in your resolution of this matter. Thank you for contacting the Florida Attorney General's Office for assistance.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t

Enclosure