Dual Citizenship - Divorce Records Question

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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ericataylor22
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Dual Citizenship - Divorce Records Question

Postby ericataylor22 » 26 May 2011, 01:29

I am in the process of getting my paperwork in order for my Feb. 2012 appt at the Italian Consulate in Philly. I have most of my records in order, but have two questions about divorce records. (I am tracing citizenship through my mother's grandfather, and she was married and divorced twice, I am product of second marriage.) Here are the questions:

1) Do I need to provide marriage and divorce records for both marriages/divorces.
2) Will I need to provide the divorce paperwork in full or will certified verification of divorce be okay.

I do not want to start apostille and translation processes until I have ALL my records ready.

Can anyone that has gone through the dual citizenship process help me!!

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Re: Dual Citizenship - Divorce Records Question

Postby johnnyonthespot » 26 May 2011, 14:31

1) You will absolutely need her first marriage, first divorce, and second marriage documentation. Most would say that you can skip the second divorce because it does not affect the outcome of your citizenship status and, "what they don't know won't hurt them." On the other hand, the additional cost of one extra document would be small (in the scheme of things)...

2) If you haven't done so already, visit this page http://www.consfiladelfia.esteri.it/Consolato_Filadelfia/Menu/I_Servizi/Per_i_cittadini/Cittadinanza/ at the consulates website and click the "Italian Citizenship through ancestors (iure sanguinis)" link. You will see that the requirement is for a "final judgment of divorce" document. Ideally, you should contact the consulate and inquire as to exactly what they want in regards to divorce documentation. Some consulates (NYC, if I recall correctly) require a certification from the court clerk that the case is absolutely final and no further judgements can be sought; this has caused problems in the past because if either party is still living it is not always possible to make such unequivocal statement.

Which raises the question: is your mother still living?
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ericataylor22
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Re: Dual Citizenship - Divorce Records Question

Postby ericataylor22 » 26 May 2011, 15:12

Johnny on the Spot,

Thank you for the information. First divorce was in the mid 1970s, and the second the early 1990s, and no other judgements are valid to my understanding. I am the product of the second marriage, so I was thinking that the consulate might want the marriage and divorce paperwork for my parents. I My mother passed away in Feb. 2006.

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Re: Dual Citizenship - Divorce Records Question

Postby johnnyonthespot » 26 May 2011, 15:30

What happens is this: you obviously need your mother's second marriage certificate because you were a product of that marriage.

The long form marriage certificate will indicate in some manner that this is not a first marriage - all states do this so far as I know. Seeing this (and they will check), the consulate will want proof that the previous marriage was legally dissolved or that your mother was widowed by the death of her first husband. And then they will want to see the previous marriage certificate to see if it indicates that there was yet another previous marriage. And so on.

All of which seems moot because Italian jure sanguinis citizenship does not to the best of my knowledge require that you be a product of a legal marriage or of any marriage for that matter. Nonetheless, the consulate wants what it wants... :)
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Re: Dual Citizenship - Divorce Records Question

Postby ericataylor22 » 01 Jun 2011, 21:22

Johnny, thank you! Would have been really unfortunate to show up at appt. minus those important documents. They are now on order.

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Re: Dual Citizenship - Divorce Records Question

Postby Miller123 » 10 Oct 2014, 06:44

Johny explained the case very well as it also increased my knowledge too.

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Re: Dual Citizenship - Divorce Records Question

Postby Markham12 » 10 Oct 2014, 07:33

The world is getting smaller and smaller. We live in a global society fueled by a global economy. International travel has never been easier. And now, thanks to the internet, we’re all connected in new ways and with fewer barriers than ever before. These days, people meet and fall in love across international boundaries every day, and so it’s no surprise that marriages involving dual citizenship are increasingly common.

But, as you might suspect, dual citizenship marriages aren’t somehow immune to divorce or its financial implications.
Even if you’re a U.S. citizen, the court with jurisdiction over your divorce will most likely be the one in the country where you live. If this is a country that doesn’t afford women the same rights as men, it could be very, very difficult to get a divorce, let alone a fair settlement.


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