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Translating Divorce Certificates E-mail
Translating Divorce CertificatesThe world today is a much smaller place. People move countries in far greater numbers than they did even a generation ago let alone a century. The reasons why people move though may not have changed all that much as often people move countries because they are seeking better work opportunities, because they have married a person from another country or because they are unhappy in their homeland.

Whatever the reason for moving, if the newcomer comes from a country where English is not the first language, the immigrant will almost certainly need to have various certificates translated. There are many cases where this applies.

Let's say you wish to obtain employment in the United States. You will need approval and any documents you have such as birth, wedding and divorce certificates will need to be in English. They must be translated.

Let's say you have moved to the United States and after living there for some time you wish to become a US citizen. Again the relevant government agency whether it is immigration or naturalization or whatever, will need the paperwork, including a divorce certificate if relevant, from the country of your birth in English. You must have the documents translated.

And the translations will have to be authenticated. You just can't have your friend or relation who may speak English, even very well, dash off an English version of your foreign divorce certificate. The translation service must be recognized by the US authorities.

Many marriages today are between people of different countries. When one of these marriages breaks down, sometimes the divorce application and the case itself are heard offshore - offshore if you're an American. The spouse successfully obtains a divorce in their own country. Naturally you as an American citizen will receive a copy of the divorce papers. But if heard in a foreign country where English is not the first language, you will receive the documents in that country's language. You will need to have the divorce papers translated into English. Why?

Let's say you wish to re-marry. The authorities will need to verify your marital status and if your divorce papers are not in English, the American authorities will not grant a license unless you can prove your marital status with documents in English.

One aspect of US federal law you should know about is known as the Full Faith and Credit Clause. This means that a divorce granted outside the United States is not necessarily recognized inside the United States. It may well be but do not take it for granted. Then there is another legal term known as the principles of comity amongst nations.

This means that any court in any land must have used due process of law if the decision reached by the court is to be recognized by courts in another country.

So if your divorce was granted outside the United States, only if the US courts agree that the foreign court used due process of law in reaching its decision, will that decision hold up in America.

In most cases it will be recognized but you would be well advised to check the validity of any divorce granted outside the USA if you need those judgments for whatever reason within the United States.

Obviously such a divorce granted overseas will need its documentation translated into English before the US court can make any ruling on the document's validity.

The Full Faith and Credit Clause implications are wide-ranging in the types of issues it covers and is part of the United States Constitution. You can read more at law.cornell.edu.

Here is a piece of economic advice regarding translation of divorce papers. If you are in need of such a service, it might be more economical if you have other documents translated at the same time. Let's assume you wish to marry an American citizen and have been divorced in a foreign land. Getting married in the United States will mean several documents will be required apart from your divorce certificate. Having all documents translated at the same time may save you money.

Translation Services USA comes highly recommended. They provide expert translators, can handle all types of documents and offer a free quote service as well. You can find details of their services at Translation Services USA.

Of course having a divorce document translated into English for recognition by the courts in the United States is only one half of the story. You may have married in the United States but want to transact some business from your divorce in a foreign country. Let's say you and your ex-spouse bought land in South America and the divorce papers, written in English, need to be presented to the South American country. In this case you would need to have the English documents translated into Spanish or Portuguese or whatever the appropriate language happened to be.

Be sure that you have the correct amount of the document translated. The foreign court may require the entire divorce document translated even if the issue concerns only a paragraph or two. Seek advice from the relevant consulate and your lawyer. And again be sure that the translation service provider is recognized. Having your buddy do it for free may prove to be very expensive.

The court may well accept a sworn affidavit from the translator stating that he or she is fluent in the appropriate language and that the translation is a true and accurate one.

Do you really need to have your foreign-language divorce certificate translated? Some people may argue that all they want is to be free and why bother with the expense of having the divorce papers translated into English. Well quite simply because if you wish to re-marry, you will need to provide proof that you are legally free to do so. And if the divorce certificate is not in English you will have a problem.

But just as important are the terms of settlement within your divorce. If child support and maintenance payments are part of your divorce settlement and the details are written in a foreign language, how can you be sure you understand the precise details of the settlement? Unless you speak that language you can't be sure.

It may follow that you default on one or more of the terms of settlement and find yourself being dragged into court. You don't want this to happen and certainly not because you do not understand the divorce settlement terminology. You need to have the documents translated.

Divorce is tricky at the best of times. Adding a foreign language to the mix can only make a tough situation tougher. Know the rules and don't hesitate to have translated any legal documents regarding your divorce. You want everything written in a language in which you are fluent.

Here are additional resources you might be interested in:

USA Divorce Help

If you're in the USA and there's no property or finances to settle, then you can do it yourself. There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

United Kingdom Divorce Help

Canadian Divorce Help

Australian Divorce Help

If you plan to get a divorce in Australia, the Aussie Divorce Services can guide you.
 

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