Is Divorce Decree Needed?

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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dgeorge
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Is Divorce Decree Needed?

Post by dgeorge »

I will be applying jure sanguinis (GGF-GF-F-me) at the NY Consulate. My parents were married in 1955 and divorced in 1979. My father married again just before he died in 2002, so his death certificate records a spouse other than my mother. Do I need to provide my parent's divorce decree? Do I need to supply the marriage certificate to his second wife? Thanks!
JJ313
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Re: Is Divorce Decree Needed?

Post by JJ313 »

Yes to both questions. Don't forget the certificate of no appeal for the divorce.
dgeorge
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Re: Is Divorce Decree Needed?

Post by dgeorge »

thanks for the response. I kinda had a feeling I'd be in need of the decree and no appeal certificate...
kgulinoperez
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Re: Is Divorce Decree Needed?

Post by kgulinoperez »

Hello,

Would you happen to know how to get a certificate of no contest for a divorce?

I'm at the family court getting one for my parents divorce and they think I'm insane and refuse to give me anything other than the final dissolution/judgement paper. They're saying there isn't any kind of "no contest" paper if it was never contested. :/
wcatanz
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Re: Is Divorce Decree Needed?

Post by wcatanz »

the court clerk in Stamford, CT wrote me a no contest letter and certified it. it basically says that there are no objections to the divorce. good luck, it seems that every municipality has their own rules.
D'an Fam
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Re: Is Divorce Decree Needed?

Post by D'an Fam »

To piggy back on the original question: I'm filing for jure sanguinis through GGF, GF, Mother, Me. I'm the one that was divorced. Do I need my divorce decree and letter of no contest too?
jennabet
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Re: Is Divorce Decree Needed?

Post by jennabet »

If your previous marriage took place before 1983, you will need to provide the divorce information. If your previous marriage took place after 1983 and you have children as a result of that marriage, you will also have to provide divorce information. If the above does not apply, you might go to your appointment without the divorce information and explain that you were married after 1983 and that the marriage did not produce any children and politely ask if it's possible to waive the divorce info because obtaining that paperwork can be costly and time consuming to produce. Of course, if the consulate insists, then you will have to provide that paperwork and could send it in after the appointment. It doesn't hurt to ask.
carubia
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Re: Is Divorce Decree Needed?

Post by carubia »

D''an Fam, you're going to have to provide the divorce decree. You're obligated to register these sorts of life events as an Italian citizen. I really doubt the consulate will make an exception if the divorce was after 1983. They'll also want your first marriage certificate. Just pray you don't get a consulate that asks for your first spouse's birth cert, too.
D'an Fam
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Re: Is Divorce Decree Needed?

Post by D'an Fam »

I was married in 1985 and divorced in 2001. I have two adult children from that marriage. I remarried in 2004 to my husband and I adopted his daughter. She is 22 yrs old now. We adopted our 12 yr old from China in 2007. I just called the court to get my youngest daughters adoption decree but will I need it for my 22 yr old too?

My two older children are 29 and 25. Do I need anything for them too?

I get along better with my ex now than when we were married lol.. Getting his birth certificate isn't going to be a problem.
carubia
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Re: Is Divorce Decree Needed?

Post by carubia »

Did you adopt your 22-year-old daughter more than 4 years ago? If so, she probably can get citizenship, too, but she may have to apply on her own. Your 2 oldest children would definitely need to apply on their own, so you wouldn't need anything for them.
D'an Fam
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Re: Is Divorce Decree Needed?

Post by D'an Fam »

Yes, I adopted her in July of 2005 when she was 9 yrs old.

I have another question. I'm applying through my great grandfather>grandfather>mother. My mother and her father were born here in the US. Can my mother get her Italian citizenship recognized with my application or does she need to apply on her own?
carubia
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Re: Is Divorce Decree Needed?

Post by carubia »

She needs to file her own application (Italy wants its 300 euros!), but the consulate may allow her to apply at the same appointment as you and share common documents. Even if you apply at separate appointments you'll still probably be able to share documents. This is assuming of course that she lives in the same consulate's jurisdiction as you.
D'an Fam
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Re: Is Divorce Decree Needed?

Post by D'an Fam »

She does live in the same consulate jurisdiction. She wants to go with me for the appointment to hand in my documents.
D'an Fam
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Re: Is Divorce Decree Needed?

Post by D'an Fam »

Can I add my granddaughter to my application? She is 13 months old and I've had custody of her since she was born.
carubia
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Re: Is Divorce Decree Needed?

Post by carubia »

Unless you've adopted her, only her parents could register her birth, I believe.
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