Domesticate a divorce -- Part of our Canadian divorce was to divide my US 401K asset.

[movies]

Hi
My ex-wife and I were married in California and moved to Canada. We then got divorced in Canada. Part of our Canadian divorce was to divide my US 401K asset. I can't do this unless I can get my Canadian Divorce domesticated in the US. However, I have no idea how to do this. What do I need to do domesticate a Canadian Divorce in the US?

Thanks

[AFFA]

I wish to inform you that you may contact the Attorney General of the state in which you were married to get further guidance. You may provide a copy of the divorce certificate issued by the court in Canada. Generally, the divorce certificate issued in Canada is accepted by the courts. This is based upon the principle of comity. Generally, both the parties have to be domiciled in Canada at the time of divorce for the divorce certificate of Canada to be accepted by the courts in USA.

AFF

[Friend In Court]

Originally Posted by movies Hi My ex-wife and I were married in California and moved to Canada. We then got divorced in Canada. Part of our Canadian divorce was to divide my US 401K asset. I can't do this unless I can get my Canadian Divorce domesticated in the US. However, I have no idea how to do this. What do I need to do domesticate a Canadian Divorce in the US? Thanks

US courts give comity, full faith and credit, to Canadian documents and orders of their courts as long as the judgments were rendered in accord with US standards of fairness. Between the US and Canada since both have the same legal basis, British common law, there is usually no problem getting recognition in a US court of a Canadian decree.

The procedure would be to get a certified copy of the Canadian decree along with a certification from the clerk of the Canadian court suitable for foreign registering. The clerk's certification will in effect state that he or she is in fact the clerk of the court and that the record attached is in fact a true copy of the original along with a request that it be given full faith and credit. Then the decree can be accepted by a foreign (US) court. If you tell the clerk what the purpose of the certified copy will be, that it will be filed in another country and that full faith and credit (comity) is needed, the clerk will know the anxillary document he or she needs to prepare.

[Friend In Court]

Clarification on one point: The clerk of the court who is to sign the full faith and credit authentication letter is the Chief Clerk of the court.

[Lexus]

The divorce order from Canada will be recognized by U.S under the principle of comity of nations. In your case it is better to consult with an expert lawyer who handles family matters in U.S and who is proficient with Canadian law.

Originally Posted by movies Hi My ex-wife and I were married in California and moved to Canada. We then got divorced in Canada. Part of our Canadian divorce was to divide my US 401K asset. I can't do this unless I can get my Canadian Divorce domesticated in the US. However, I have no idea how to do this. What do I need to do domesticate a Canadian Divorce in the US? Thanks

A Canadian court cannot rule on issues related to areas outside their country. This means any amounts you received in the U.S. are to remain under the laws pertaining to U.S. law.

You might want to speak with a U.S. attorney who specializes in international law regarding this matter.