Legal Question in Family Law in New York

Re: Divorce/Custody.

I agree with both Mr. Markowitz and Mr. Tsiring

To further expand on the issue, if you don't know where your spouse is, you could publish in a newspaper of general circulation (which varies from county to county) and serve her at her last know address.

This would give the court jurisdiction over your wife.

You would then be able to get the divorce which would solve half of your problem.

The other half would be custody. This is more complicated and would have to be addressed in a separate action. Even if the New York Court gave you custody, how would you enforce it in the Philipines.

I have come across this issue several times in the past, and the answer varies.

We would have to hire a philipino attorney to enforce the order.

As I said, here in New York we can get the divorce, and maybe even custody, but enforcing the custody will take some time.

It is my understanding, that since the Philipines is a catholic country, they do not believe in divorce, so it is difficult or impossible to get a divorce.

I once had a client who married a women from the philipines. She wanted to come here to New York. He was a wanted fugitive, who could not come back to the United States. So they are living not happily ever after in the Philipines.

If you would like to retain the services of this office to help you in the divorce, custody issue, please feel free to contact me.

The longer you wait, the more difficult it is to obtain custody, as the wife can then say that the child is stable with her and you are not yet proven.

Jeff Lazroe

Re: Divorce/Custody.

Under NY Domestic Relations Law section 230, NY would have jurisdiction to hear the divorce if one of the following conditions are met:

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.

Assuming you have been a resident of the state for at least 2 years, NY would have jurisdiction to hear the divorce.

To commence a divorce you would need to personally serve your spouse. That means, locating your spouse.

Once you commence the action, locate and serve the spouse, you would be able to address issues such as custody and visitation.

Mike.

Re: Divorce/Custody.

It depends whether you lived with your wife in New York State and how long have you lived in NY until you file for divorce.

There is a possibility that you can file for divorce in NY, depending on the above questions.

You may contact our firm if you need further assistance.