Legal Question in Family Law in New York
I am a Greencard holder from India and had filed the Divorce application in New York in 2010, as was mutually agreed, however, officially the summons have not been delivered to my ex in India. We are living separately though for the past more than 9 years but now two years continuously as she last visited US two years back on H4 visa. We have no kids. What is my marital status? What is the status of my divorce application? Can I get divorce? I am living in the US for more than 7 years now. Am I governed by the US laws or Indian laws?
2 Answers from Attorneys
If you filed in NY, and you live in NY, you are governed by NY law. However, your 2010 divorce has expired for failure to serve your spouse within 120 days. You will need to file a new summons and either serve her or have her sign within 120 days. If you need help, let me know. We are a New York divorce lawyer. We handle these types of New York divorce cases all the time. http://www.NYCDivorceCenter.com.
You are still married but you can file a new divorce case in New York. However, she will need to be personally served with the summons so you will need an attorney.
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