Do I Need to Prove a Canadian Divorce to Get Married in the United States?
Full Question:
Answer:
Marriage and divorce generally are considered matters reserved to the states rather than to the federal government. There is no treaty in force between the United States and any country on enforcement of judgments, including recognition of foreign divorces. I suggest c0ntacting the clerk of courts where you apply for a license to inquire about local court rules for domesticating a foreign divorce decree. It is possible that the Georgia court would not recognize a Pakistan marriage in the first instance, making recognition of the Canadian divorce moot.
For further discussion, please see:
http://travel.state.gov/law/info/marriage/marriage_641.html
http://divorcesupport.about.com/od/foreignspouse/f/foreigndivorce.htm
Please see the following GA statutes:
19-3-30. (a) Marriage licenses shall be issued only by the judge of the
probate....
(a) Marriage licenses shall be issued only by the judge of the probate
court or his clerk at the county courthouse between the hours of 8:00
A.M. and 6:00 P.M., Monday through Saturday.
(b)(1) No marriage license shall be issued to persons of the same
sex.
(2) If one of the persons to be married is a resident of this state,
the license may be issued in any county of this state. If neither the
male nor the female to be married is a resident of this state, the
license shall be issued in the county in which the ceremony is to be
performed.
(c) The license shall be directed to any judge, including judges of
state and federal courts of record in this state, city recorder,
magistrate, minister, or other person of any religious society or sect
authorized by the rules of such society to perform the marriage
ceremony; such license shall authorize the marriage of the persons
therein named and require the judge, city recorder, magistrate,
minister, or other authorized person to return the license to the judge
of the probate court with the certificate thereon as to the fact and date
of marriage within 30 days after the date of the marriage. The license
with the return thereon shall be recorded by the judge in a book kept by
such judge for that purpose.
(d) The fact of issue of any unrecorded marriage license may be
established by affidavit of either party to a ceremonial marriage,
which affidavit shall set forth the date, the place, and the name and
title of the official issuing the license.
(e) In the event that any marriage license is not returned for
recording, as provided in subsection (c) of this Code section, either
party to a ceremonial marriage may establish the marriage by submitting to
the judge of the probate court the affidavits of two witnesses to the
marriage ceremony setting forth the date, the place, and the name of the
official or minister performing the ceremony. The judge shall thereupon
reissue the marriage license and enter thereon the certificate of
marriage and all dates and names in accordance with the evidence
submitted and shall record and cross-index same in the proper
chronological order in the book kept for that purpose.
(f) Any other provisions of this Code section or any other law to the
contrary notwithstanding, the judge of the probate court of any county
which has within its boundaries a municipality that has a population
according to the United States decennial census of 1950 or any future
such census greater than that of the county seat of the county is
authorized to appoint a clerk for the purpose of granting marriage
licenses in the municipality at an office designated by the judge. The
licenses shall be issued only between the hours prescribed in subsection
(a) of this Code section.
19-3-30.1. (a) In applying for a marriage license, a man and woman who
certify on....
(a) In applying for a marriage license, a man and woman who certify on
the application for a marriage license that they have successfully
completed a qualifying premarital education program shall not be charged
a fee for a marriage license. The premarital education shall include at
least six hours of instruction involving marital issues, which may
include but not be limited to conflict management, communication skills,
financial responsibilities, child and parenting responsibilities, and
extended family roles. The premarital education shall be completed within
12 months prior to the application for a marriage license and the couple
shall undergo the premarital education together. The premarital education
shall be performed by:
(1) A professional counselor, social worker, or marriage and family
therapist who is licensed pursuant to Chapter 10A of Title 43;
(2) A psychiatrist who is licensed as a physician pursuant to Chapter
34 of Title 43;
(3) A psychologist who is licensed pursuant to Chapter 39 of Title 43;
or
(4) An active member of the clergy when in the course of his or her
service as clergy or his or her designee, including retired clergy,
provided that a designee is trained and skilled in premarital education.
(b) Each premarital education provider shall furnish each participant
who completes the premarital education required by this Code section a
certificate of completion.
19-3-33. (a) A marriage license shall be issued on written application....
(a) A marriage license shall be issued on written application
therefor, made by the persons seeking the license, verified by oath of
the applicants. The application shall state that there is no legal
impediment to the marriage and shall give the full present name of the
proposed husband and the full present name of the proposed wife with their
dates of birth, their present addresses, and the names of the father and
mother of each, if known. If the names of the father or mother of either
are unknown, the application shall so state. The application shall state
that the persons seeking the license have or have not completed
premarital education pursuant to Code Section 19-3-30.1. If the
application states that the applicants seeking issuance of the license
have completed premarital education, then the applicants shall submit a
signed and dated certificate of completion issued by the premarital
education provider.
(b) An application supplement-marriage report shall be prepared in
connection with each marriage license. Except for the information in
paragraph (3) of this subsection, the application supplement-marriage
report shall be completed as a part of each application for a marriage
license. The application supplement-marriage report shall state, at a
minimum, the following:
(1) The full name, date of birth, and social security number for each
applicant;
(2) The number this marriage would be for each applicant; and
(3) After the ceremonial marriage has been performed, the date of the
marriage ceremony and the county where the marriage ceremony occurred.
19-3-2. (a) To be able to contract marriage, a person must:
(a) To be able to contract marriage, a person must:
(1) Be of sound mind;
(2) Except as provided in subsection (b) of this Code section, be at
least 18 years of age;
(3) Have no living spouse of a previous undissolved marriage. The
dissolution of a previous marriage in divorce proceedings must be
affirmatively established and will not be presumed. Nothing in this
paragraph shall be construed to affect the legitimacy of children; and
(4) Not be related to the prospective spouse by blood or marriage
within the prohibited degrees.
(b) If either applicant for marriage is 16 or 17 years of age, parental
consent as provided in Code Section 19-3-37 shall be required.
