Divorcing in Peru internationally

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Seth S
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Divorcing in Peru internationally

Postby Seth S » Tue May 05, 2015 9:53 pm

Me and my Peruvian wife of 5 years are getting a divorce. Yeah it happens.

She has been living in Lima our whole marriage and I have lived in the US. I am American. I went through all the hoops with USCIS and immigration but she changed her mind on coming here. Our differences are irreconcilable. We were married in Peru on June 25 2010.

My question is this: If I proceed to file a divorce here in Texas and have the papers served to her and ultimately get a final decree from the court here, will this be recognized in Peru? She wants to do the divorce in Peru and though it makes sense, she wants me to give her Power of Attorney (Carta Poder) because it will be simpler.

My problem is that I dont trust her. I dont have any assets besides a car worth about 5000 dollars and around the same in cash and we have no children. I pretty much just gave her money every week for several years until I smartened up. Im not looking for a pity party, I just want a divorce quickly and it would give me peace of mind to know that a divorce in the states would be recognized in Lima and then I can finally close this chapter of my life. Any tips would be immensely appreciated.


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Re: Divorcing in Peru internationally

Postby Seth S » Tue May 05, 2015 10:00 pm

Just to restate myself, I dont trust her to make huge legal decisions on my behalf because she isnt trustworthy and Im unfamiliar with the law in Peru.
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Re: Divorcing in Peru internationally

Postby adrian Thorne » Wed May 06, 2015 9:14 am

Sorry to hear this, but you are facing a big problem. I would suggest, if you can, fight this case on the ground here in Peru. Women's rights are fiercely protected and you may have little now, but you could end up paying for the rest of your life. You must never give your ex., power of attorney. It could end up a real horror story. It may be suggested you just ignore it, but please do not go this route.
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Re: Divorcing in Peru internationally

Postby randomperson » Wed May 06, 2015 11:09 am

I sent you a PM. I understand that if divorce occurs in USA, you must get it apostilled by your Texas Secretary of State, get it translated into Spanish by an official translator (in Peru). That document must then be submitted to the Poder Judicial before it can be taken to RENIEC so that your Peruvian spouse can officially have the D civil status on her DNI.

If your spouse is cooperative, she can sign the proof of service. If she's uncooperative, you can ask the Texas judge if the court will accept proof of service/summons by publication in a foreign newspaper.
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Re: Divorcing in Peru internationally

Postby Seth S » Wed May 06, 2015 11:47 am

Thank you, I had a bad feeling about giving her power of attorney. She will be cooperative but probably with reluctance.

Ill give you a call in a short while randomperson, thank you!
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Re: Divorcing in Peru internationally

Postby Seth S » Wed May 06, 2015 4:53 pm

I just want to thank randomperson again for taking a good chunk of her time out of the day to explain to me my options and what I would have to do in each scenario and definitely going well above and beyond in offering further help to me down the road.

Moderators take note and give this woman 5 stars!
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Re: Divorcing in Peru internationally

Postby tupacperu » Thu May 07, 2015 5:44 pm

In your case, no kids, you can get a quick divorce at a Notary in Peru.
Pretty simple, unless she want to argue support.

This may help...

http://theultimateperulist.blogspot.com ... e.html?m=1
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Re: Divorcing in Peru internationally

Postby gringito » Mon May 11, 2015 8:47 pm

Divorce must usually be requested in the country where your last common domicile has been.

Did you check if this requirement applies in your case?
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Re: Divorcing in Peru internationally

Postby randomperson » Tue May 12, 2015 10:13 am

gringito wrote:Divorce must usually be requested in the country where your last common domicile has been.

Did you check if this requirement applies in your case?


This gentleman resides in Texas, effectively establishing residency and the country and county that has jurisdiction over the dissolution, provided he is the petitioner.

The wife, who resides in Peru, has also established the country of jurisdiction if she is the petitioner in Peru.

Both countries will recognize the other's divorce if the rules that apply in the country where the filing occurs are followed. It comes down to who's on first. As mentioned earlier a USA divorce must pass muster with the Poder Judicial before adjusting civil status with RENIEC. This is where the final USA dissolution decree is translated officially in Peru and the Poder Judicial puts copious amounts of rubber stamps on it.

Source: I'm a jailhouse lawyer and have vast personal experience marrying and divorcing Peruvians :lol:
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Re: Divorcing in Peru internationally

Postby gringito » Tue May 12, 2015 10:43 pm

randomperson wrote:Source: I'm a jailhouse lawyer and have vast personal experience marrying and divorcing Peruvians :lol:

Off topic: Then you must be the reincarnation of Phil or the Big bold Biker... :shock:
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Re: Divorcing in Peru internationally

Postby randomperson » Tue May 12, 2015 11:41 pm

gringito wrote:
randomperson wrote:Source: I'm a jailhouse lawyer and have vast personal experience marrying and divorcing Peruvians :lol:

Off topic: Then you must be the reincarnation of Phil or the Big bold Biker... :shock:


Channeling Phil Hendrie? You bet. That, and a good sense of humor plus the patience of Job and resilience is key.
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Re: Divorcing in Peru internationally

Postby Alpineprince » Wed May 13, 2015 8:27 am

Glad to have you aboard!
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Re: Divorcing in Peru internationally

Postby randomperson » Wed May 20, 2015 12:21 pm

Ojo: the determination of the duration of the marriage is key to determining division of assets. A foreign citizen can use exit (departure) records maintained by Control Migratiorio in Peru as legal proof to determine the date of the end of the marriage, even if the filing is done much later. This comes into play even if there are no assets but one of the spouses, typically the foreigner, pays into a pension or social security account. In cases of marriages of short duration, the Peruvian spouse has no legal right to claim when the dissolution process is adjudicated in the USA. The threshold is marriages whose duration is 10+ years to claim rights to pension. Any spousal support owed for marriages of shorter duration is usually mandated for 1/2 of the length of the marriage and is pretty much unenforceable internationally. And that only applies if the other spouse is unable to earn a living due to disability, age. An able-bodied spouse who by choice does not work gets zero. Child support, if applicable, is more complex.

Source: I'm a jailhouse lawyer and have vast personal experience marrying and divorcing Peruvians :lol:
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Re: Divorcing in Peru internationally

Postby JanD » Fri May 22, 2015 1:24 am

And what about "Conducta deshonrosa"?
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Re: Divorcing in Peru internationally

Postby randomperson » Fri May 22, 2015 2:22 pm

JanD wrote:And what about "Conducta deshonrosa"?


If the divorce takes place in the USA, most but not all states have no-fault divorce so even if your spouse is the most evil and dishonorable degenerate, the court couldn't care less so it falls in the catch-all irreconcilable differences department.

Peru, on the other hand has "causales" and dishonor is just one causation, among others, such as homosexuality, attempting to kill your spouse (lol), adultery, abandonment, etc.

Curiously, in Peru you must wait 2 years to file for divorce if no children are involved and 4 years if there are. No exceptions.
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Re: Divorcing in Peru internationally

Postby Alan » Tue May 26, 2015 5:05 pm

I just noticed a very good, and recent, blog post published on the Ultimate Peru List:
http://theultimateperulist.blogspot.com ... -peru.html. There may be some useful information for you there.
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Re: Divorcing in Peru internationally

Postby deorg » Mon Jun 15, 2015 2:27 am

Im a lawyer, I work at a lawfirm in the financial zone in San Isidro.
Its obvious that you dont have a clue of what youre doing, so Im gonna help with some basic stuff.
DO NOT GIVE your wife a carta poder, she could get you into debts, bad stuff could happen, (seen it !)
You can do the divorce from the states, you just have to go to the consulate.
and please go to a divorce lawfirm they will do all the work.
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Re: Divorcing in Peru internationally

Postby randomperson » Tue Jun 23, 2015 7:54 pm

OP keep us updated. I believe there are many expats who are similarly situated.
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Re: Divorcing in Peru internationally

Postby Scottfitz » Wed Apr 11, 2018 10:39 am

Hello.

This is my first post and I am sure the topic has already been answered somewhere, but if someone can help me, I would be greatly thankful.

Last June I got married in Lima to my Peruvian wife. For the last 8 months we have been living in Italy. 3 weeks ago, she left to go see her family and out of nowhere, told me she wasn't coming home and wanted a divorce. Since then she has changed as a person and is constantly lying to friends, to her family and to her employer.
Anyways, I have since found out, she was married previously in America, and got divorced 2 years later. It sounds very similar, she up and left him too out of nowhere.

Now, when we got married in Peru, I had to present my single status certificate from the British Embassy. She signed a sworn declaration saying she was single. Her National I.D card also said she was single.

I thought and have been told that she too had to show a single status certificate or a certificate of her divorce in America, she didn't do this.

A lawyer has told me she was supposed to, but the municipal said because she did not register her marriage at the reinec in Lima, that they didn't know so as far as they are concerned, she has always been single.

Can anyone help me with this?

Thanks in advance
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Re: Divorcing in Peru internationally

Postby Alpineprince » Wed Apr 11, 2018 4:12 pm

It should get rectified on it's own this time around.

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