Legal Question in Family Law in New York

divorce u.s citizen vs. uk citizen

male u.s citizen married in the u.k. now left and returned to the u.s and wishing to file divorce against wife in the u.k. what is the best proceedure to do so. How do i do so through ny state? I am a resident of ny state and have been married and living in the uk for the past 13 years. no joint owned property involved or children.


Asked on 10/22/07, 8:43 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: divorce u.s citizen vs. uk citizen

If you are curently a resident of New York State and have been so for at least one year, and if the divorce is uncontested, it's a relatively simple process. Please feel free to get in touch and we can discuss your situation.

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Answered on 10/22/07, 9:58 pm
Michael Markowitz Michael A. Markowitz, PC

Re: divorce u.s citizen vs. uk citizen

Under NY DRL section 230, NY does not have jurisdiction for a divorce unless:

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.

You would need to be a resident of New York State for a period of at least two years to commence an action. More research would be needed to determine if a Judgment in New York would be binding in the United Kingdom.

Mike.

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Answered on 10/23/07, 8:26 am


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