Foreign Marriages and Divorce
Ever wondered if a marriage or divorce from another country is valid in Florida? It’s a common question, especially in our globalized world where people often cross borders for love, work, or family. Here’s a clear breakdown of how Florida views marriages and divorces from other countries — and what you need to know.
Does Florida Recognize Marriages from Other Countries?
Yes — if the marriage is legally valid where it happened.
Florida generally honors foreign marriages under a principle called comity, which is a legal way of saying: “We respect your country’s laws, and in return, you respect ours.” It’s all about mutual recognition and fairness.
When Will Florida NOT Recognize a Foreign Marriage?
Florida won’t recognize a foreign marriage if:
- It wasn’t legally valid where it was performed.
- It violates Florida’s public policy — for example, if it involved unfair treatment or lack of due process.
When will Florida Recognize a Foreign Divorce?
Florida may recognize a foreign divorce decree if:
- Both people were notified and had a fair chance to present their case.
- At least one spouse lived in the foreign country in good faith when the divorce was granted.
However, this is not automatic. The U.S. Constitution’s Full Faith and Credit Clause only applies between U.S. states — not other countries — so recognition of a foreign divorce is ultimately up to the Florida courts.
Types of Marriages Florida Does NOT Recognize
Even if a marriage is valid in another country, Florida won’t accept it if it goes against state law. Here are some examples:
- Polygamous Marriages – Marrying more than one person at a time is not allowed. These marriages are void in Florida.
- Bigamous Marriages – If either person is already legally married to someone else, any new marriage is invalid.
- Incestuous Marriages – Marriages between close family members (like parent-child or siblings) are prohibited.
- Common Law Marriages – Florida doesn’t allow common law marriages created in Florida after 1968. But if you had a valid common law marriage from another state or country before that date, Florida will recognize it.
Common Related Issues: Religious Marriages
Sometimes, religious courts (like a Sharia or Christian Ecclesiastical Court) handle marriages and divorces in other countries. These are courts run by religious authorities, not civil governments. Florida can still recognize their decisions if they follow fair legal standards — such as giving both parties notice and a chance to be heard.
For example, In Jordan, only Muslim and Christian marriages are officially recognized. For a marriage to be valid:
- Muslims must marry according to Islamic law (Sharia), performed by a sheikh.
- Christians must marry through church procedures, handled by an ecclesiastical court.
If a marriage in Jordan followed these proper steps, Florida is likely to recognize it — unless it falls into one of the prohibited categories listed above.
Florida tries to respect valid marriages and divorces from other countries — but not at the expense of its own public policy. If you’re considering divorce in Florida, it’s a good idea to consult with an attorney, especially if you are unsure how Florida courts will treat a marriage that took place outside the United States.