Legal Question in Family Law in New York

Q. now i want to ask can i file my case in the US ?

A. To be divorced in New York the court must first have jurisdiction. For the court to have jurisdiction one of the following must apply:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

If both you and your husband are in New York, then the court here would have jurisdiction. However, if your husband is in Pakistan and only you reside in New York, you would have to reside in New York for at least two years.

Q. if yes then how and how much it will cost me?

A. You will have to pay court fees for the index number ($250), RJI ($95), and Note of Issue ($30). There may be other court fees depending on the circumstance. If your husband does not agree to the divorce, you may have to pay a process server to deliver papers.

Q. can i get legal aid as i am a student and cannot afford legal expenses.

A. Maybe. You should contact the Queens County Bar Association for answer to this question. If you proceed on your own, you may also file a poor person's application to have the court fees waived.

Mike.