Legal Question in Family Law in New York

is a divorce from the dominican republic legal in new york if you were married and reside in ny?


Asked on 10/25/09, 2:22 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Ordinarily, yes.

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Answered on 10/30/09, 2:28 pm
Michael Markowitz Michael A. Markowitz, PC

Not necessarily. I had this issue several times in my practice.

First, it would depend if the spouse appeared in the action filed in the Dominican Republic. Generally, a foreign nation divorce decree will be given recognition in NY where the party obtainihng the divorce is a bona fide resident of that nation and living there for a purpose unrelated to the institution of the divorce action. A foreign divorce decree obtained from a petition of the wife (or husband) present but not residing in the foreign country will not be recognized in NY where the other nonresident spouse does not appear and is not served with the divorce papers.

Second. If the husband and wife had matrimonial residence in the Dominican Republic, generally the foreign divorce will be recognized in NY.

Third. Recognition of the foreign judgment in NY is not automatic. You would have to commence an action in NY to recognize the Divorce Judgment obtained in the Dominican Republic.

Mike.

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Answered on 10/30/09, 3:28 pm


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