Planning a destination wedding or already married overseas? A key question arises: Does The US Recognize Marriage From Another Country? The answer isn’t always straightforward, as recognition depends on several factors. This article breaks down the essentials, helping you understand the complexities of international marriage recognition in the United States.
The Golden Rule Place of Celebration Governs
Generally, the United States operates under the principle that a marriage validly performed in another country will be recognized in the U.S. This principle, known as the “place of celebration rule,” means if your marriage was legal where it happened, it’s generally considered legal here. However, there are crucial exceptions to this rule, so blanket assumptions can be risky. Think of it this way; if you meet all the requirements in the foreign country, in most cases, the US will recognize it.
The main exception revolves around whether the marriage violates strong public policy in the state where recognition is sought. What constitutes a violation of public policy varies from state to state, but some common examples include:
- Polygamous Marriages: The U.S. generally does not recognize polygamous marriages.
- Incestuous Marriages: Marriages between close relatives are typically not recognized.
- Underage Marriages: Marriages involving individuals below the legal age of consent may face challenges.
Furthermore, the marriage must have been legally valid in the country where it took place. This means ensuring that all local laws and requirements were met, such as obtaining the necessary licenses and following proper procedures. States often refer to case law from prior court decisions to determine the recognition of same sex marriages from before the Obergefell decision as an example of evaluating public policy arguments. It’s important to check with a legal professional on the specifics of the marriage laws in the country where the marriage took place to confirm its validity for it to be recognized in the US.
Here is a simple table summarizing the considerations:
| Factor | Consideration |
|---|---|
| Validity Abroad | Was the marriage legal in the country where it occurred? |
| U.S. Public Policy | Does the marriage violate strong public policy in the state where recognition is sought? |
For comprehensive information and legal citations, please consult the Cornell Law School Legal Information Institute’s section on Marriage. It provides a wealth of knowledge on domestic relations, including insights into the legal considerations for recognizing international marriages.