Legal Question in Family Law in New York

husband in states wife wants divorce

Hello,

My husband lives in Philadelphia in USA. He is a legal resident there. Our property is in his name in Trinidad If I file a divorce in the States will I be able to get a property share in PA. He collects an american pension and I believe he has property in the states. I on the other had do not have legal status in america. I was abused by him in Trinidad and I have lived in NY for 15 years. I want to know if I can get status in order to file divorce or can I file for divorce here against him


Asked on 7/22/08, 11:13 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: husband in states wife wants divorce

Under NY DRL section 230, New York would have jurisdiction to adjudicate the divorce if "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." Since you lived in New York for 15 years, it seems that New York would have jurisdiction.

With regard to property in PA, if New York has jurisdiction and renders a judgment, that judgment is binding in PA.

Mike.

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Answered on 7/22/08, 2:29 pm


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