Legal Question in Family Law in New York

Divorce

My husband was deported back to Jordan can I get a divorde from him?


Asked on 1/30/09, 11:08 am

4 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Divorce

Yes you can. Contact me for more details.

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Answered on 1/30/09, 11:10 am
Kristen Browde Browde Law, P.C.

Re: Divorce

Yes. However there are some issues that you'll need to work out, most probably with the help of an attorney.

If you'd like to arrange a consultation, please feel free to get in touch.

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Answered on 1/30/09, 11:57 am
Michael Markowitz Michael A. Markowitz, PC

Re: Divorce

I know that Mr. Brodsky and Mr. Browde gave an unqualified yes to your answer. The truth, it is not that simple.

Under NY DRL section 170, �[a]n action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery�

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment �

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation � for a period of one or more years after the execution of such agreement�."

Deportation alone is not grounds for a divorce. Therefore, more information is necessary to determine whether you would have grounds for a divorce.

Mike.

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Answered on 1/30/09, 1:09 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Divorce

In NY you must have lived in the state for at least two years.

How long have you lived in NYS?

You can get a divorce and serve your spouse by alternative means.

Sincerely,

Patricia Martin-Gibbons, Esq.

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Answered on 1/30/09, 7:14 pm


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