Case Update (18 Dec 2025): Tello v. Ahuatl; Mexican Proxy Divorce not Entitled to Comity in Connecticut

The Plaintiff here requested that the Superior Court of Connecticut recognize, as a matter of comity, a Mexican divorce decree. A foreign divorce judgment is entitled to recognition as a matter of comity, but there are certain things that the court looks for in its analysis as to whether to recognize this foreign court order, because comity is not a mandatory requirement on the court. It is merely a courtesy towards a foreign court. For a divorce, Connecticut will look at whether at least one of the spouses was domiciled in (physical presence and intention to remain) the foreign jurisdiction at the time of the divorce filing* and will look at whether there was due process (notice to the other spouse, and their opportunity to participate).

In this case, the Plaintiff in the Connecticut lawsuit admitted that he was never a domiciliary of Mexico, and never appeared in that lawsuit. Instead, he “gave a power of attorney to his mother to prosecute the action.” When the Mexican court held its dissolution proceeding on October 17, 2024, neither party appeared. The Plaintiff’s mother, and his lawyer, appeared and the Mexican court granted their divorce. There were no financial orders entered.

The Connecticut court made clear that it is irrelevant whether the law of Mexico (or any foreign country, for that matter) permits the divorce, and/or the divorce proceedings met the legal pre-requisites in that country. There is no mandatory obligation to recognize the foreign proceedings, or the order that comes from them, and it will only be recognized, as a matter of comity, if there is due process, and no violation of public policy. Also, while the Superior Court did not note this, notice that there is no requirement that Mexico recognize Connecticut/U.S. court orders for Connecticut to recognize Mexican orders (no reciprocity requirement).

The Superior Court declined to recognize the Mexican divorce decree here.

*This is the law in Connecticut. While many states have opined that domicile of one spouse in the foreign jurisdiction is a requirement to recognize the foreign divorce as a matter of comity, not all have. Further, some courts in the U.S. have not addressed the issue.