The process of filing for recognition of a foreign divorce without the ex-spouse's consent varies significantly by jurisdiction, as laws on family matters and international comity (mutual recognition of judgments) differ across countries. Below, I'll outline the key considerations for the most commonly discussed jurisdictions based on reliable legal sources, focusing on whether unilateral filing (without consent) is possible. Note that this is not legal advice; consult a qualified attorney in the relevant country for your specific situation, as requirements can change and depend on details like domicile, nationality, and the validity of the original divorce.

In the Philippines

Recognition of a foreign divorce is a common process for Filipinos married to foreigners, since divorce is not legally available domestically (except for Muslims under specific codes). The Philippine courts can recognize a divorce obtained abroad if at least one spouse was a non-Filipino at the time of the divorce.

Can it be filed without the ex-spouse's consent? Yes. The petition can be filed unilaterally by the Filipino spouse (or the foreign spouse). Consent or participation from the ex-spouse is not required, as the recognition is an "in rem" proceeding (affecting the marital status itself, not directed against a specific person). The ex-spouse may receive notice through the court process (e.g., via publication if their whereabouts are unknown), but their agreement is not needed for the filing or approval. 28 However, if the ex-spouse contests it, they could challenge the validity in court.
Process Overview:
1. Eligibility Check: The divorce must be valid under the laws of the foreign country where it was obtained. Both parties must have been properly notified and had an opportunity to participate in the original proceedings (though this doesn't require consent for recognition).
2. File a Petition: Submit a Petition for Judicial Recognition of Foreign Judgment of Divorce at the Regional Trial Court (RTC) in the petitioner's place of residence in the Philippines. Required documents include:
  - Authenticated copy of the foreign divorce decree (apostilled if from a Hague Convention country).
  - Marriage certificate.
  - Proof of Filipino citizenship at the time of marriage.
  - Evidence that the foreign spouse initiated or consented to the divorce abroad (e.g., court records), but this is to prove validity, not for recognition consent.
3. Court Proceedings: The case is treated as a special proceeding. The petitioner must testify (in person or via videoconference if abroad). The Office of the Solicitor General (OSG) represents the state and may review the petition.
4. Decision and Registration: If approved, register the court decision with the Philippine Statistics Authority (PSA) and Local Civil Registrar to update civil status (e.g., for remarriage).
Timeline and Costs: Typically 6–18 months, depending on court backlog and document availability. Costs range from PHP 100,000–300,000 (about USD 1,700–5,200), covering legal fees, filing, and authentications. 25

27 Faster if uncontested.

Key Notes: This process allows the Filipino spouse to remarry in the Philippines. If both were Filipinos at the time of divorce, recognition is not possible, and annulment is required instead. 26

In the United States

The US does not have a federal law mandating recognition of foreign divorces; it depends on state laws, often based on "comity" (courtesy recognition if the foreign judgment meets basic fairness standards, like proper jurisdiction and due process). There's generally no nationwide "filing" requirement for recognition unless needed for specific purposes (e.g., enforcing child support, property division, or updating records for remarriage).

Can it be filed without the ex-spouse's consent? Yes, in most cases. Recognition is automatic under comity if the divorce was valid abroad (e.g., at least one spouse was domiciled or resident in the foreign country). 21 No consent is needed, as US courts view valid foreign divorces as binding unless challenged. If a formal filing (domestication) is required in a state court for enforcement, one party can typically petition unilaterally, though the ex-spouse may be notified and have a chance to object. 15

16 Challenges might arise if the divorce lacked due process or if it's from a country with questionable legal systems.

Process Overview (Varies by State):
1. Verify Validity: Ensure the foreign divorce complied with the issuing country's laws and US public policy (e.g., no "quickie" divorces without residence).
2. No Filing Needed in Many Cases: States like New York often recognize foreign divorces automatically for status purposes (e.g., you're considered divorced). 19

22 Provide the decree when needed (e.g., for a marriage license). 3. If Filing is Required (e.g., for Enforcement): In states like California or Texas, file a Petition to Recognize Foreign Judgment in family court. Include apostilled/translated copies of the decree. The court reviews for comity. 7

13 Examples: - California: Requires domicile in the foreign country; file in superior court if needed. - New York: Recognized if neither party contests; otherwise, court validation. 4. Update Records: File with vital records offices for Social Security, taxes, or immigration updates.

Timeline and Costs: 1–6 months if filed; costs USD 500–5,000, mainly legal fees. Quicker if uncontested. 17
Key Notes: The US won't recognize divorces from countries without reciprocal fairness (rare). For military members or expats, special rules apply. 8 If the marriage was in the US, some states may require additional steps.

In Brazil

Brazil requires "homologation" (official confirmation) for foreign divorces to have legal effect domestically, handled by the Superior Court of Justice (STJ) or a notary (cartório) depending on the case.

Can it be filed without the ex-spouse's consent? Yes, particularly through the STJ route for contested or judicial divorces. Consent is not required, as the process verifies compliance with Brazilian law (e.g., no violation of public order). The ex-spouse is notified but cannot block it if the divorce is valid abroad. For consensual divorces, a simpler notary process is available but assumes agreement abroad.
Process Overview:
1. Choose Route: Notary for uncontested, no-kids/no-assets cases; STJ for others.
2. File Petition: Submit to STJ (via lawyer) with apostilled/translated decree, marriage certificate, and proof of finality. The Federal Public Prosecutor's Office reviews it.
3. Approval and Registration: If approved, register with the Civil Registry for updates (e.g., remarriage).
Timeline and Costs: 3–12 months; costs BRL 5,000–20,000 (about USD 900–3,600), including fees and translation.
Key Notes: Mandatory for remarriage or property matters in Brazil. 14

General Advice Across Jurisdictions

Common Requirements: Authenticated (apostilled) copies of the divorce decree, translations, and proof of validity (e.g., jurisdiction abroad). Costs and timelines increase if contested.
When Consent Might Matter: If the original divorce abroad was obtained without the ex-spouse's knowledge or participation, it may not be recognized anywhere due to due process issues.
Risks of Not Recognizing: Issues with remarriage, inheritance, or immigration. Always authenticate documents via the Hague Apostille if applicable.
If your situation involves a different country (e.g., UK, Canada, or EU nations), recognition often follows similar comity principles but may require court filings. For example, in the UK, foreign divorces are recognized if obtained in the EU or under certain conventions, typically without consent.

For personalized guidance, provide more details like the countries involved, or contact a family law specialist.