Legal Question in Family Law in New York

divorve for non-us citizen

I am Venezuelan and my wife japanesse. I contract marriage in New York but do not live in Ny.

Which are the procedures that I do for Divorce in NY?

I live in Venezuela but i have a tourist visa for 6 months in US, my wife live in Japan.


Asked on 4/12/02, 11:22 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: divorve for non-us citizen

You must comply with NY DRL section 230 for NY to have jurisdiction to grant the divorce. The law states the following:

� 230. Required residence of parties

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

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 your situation is covered in one of the above five (5) catagories you can obtain a divorce in NY.

Mike.

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Answered on 4/15/02, 8:14 am


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