Legal Question in Family Law in New York
International/Global Divorce
My wife and I have been seperated going on 5 years now. She has custody (I have visitation) of our children and all the property and child support issues have been settled. She is insistent, however, that we will never get divorced and if I attempt to, she will fight tooth and nail (a projected 3 yrs by my lawyer), unless I give up full rights to my children..ie, limited visitation, and allow her to move them out of the state (we live in New York, she wants to move to Florida). When things became too unbearable, I made the mistake of leaving the home and am now paying dearly for it. Because there is not a ''no fault'' grounds in NY for divorce, I am stumped as to what to do. I cannot afford a lengthy divorce proceeding, and I refuse to subject my children to almost total exposure to their mother. I was looking into ''Global/International'' divorces, and was wondering what were the pros and cons of them. In the event that I decide to do this, and the divorce is granted, will I be able to remarry? I am aware that unless investigated my spouse may not necessarily be aware that the divorce took place, even though the postings were made. In the event that she should discover this, how does that affect my new marriage? Is it legal? Thank U
3 Answers from Attorneys
Re: International/Global Divorce
It would be improper for an attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.
However, I will try to provide you with some general information.
I do not know anything about global divorces. I also do not understand why it would take 3 years to divorce your wife if you are legally separated. You should carefully consider whether you should proceed with a conversion divorce.
Re: International/Global Divorce
Let me answer your question on the validity of a 'global divorce'.
International Family Law issues are generally controlled by the Hague Convention, approved by the US Senate and, therefore, is controlling American Law. A divorce issued by a non-American court is valid in the US.
The answer does not end with this. The extra-national court must gain jurisdiction in accord with the Hague Convention. Without what we call in America 'minimal contacts' or 'notice' to the other party, the divorce will not be valid.
On the other hand, such a divorce will insulate you from criminal liability for bigamy and will be valid for most purposes, except perhaps immigration. You will be able to re-marry.
More importantly, the American court is unlikely to accept any order from a non-American court about visitation and custody without the other party being heard.
So, my answer is this: an international divorce will likely allow you to re-marry without fear of bigamy, but will not help you with respect to visitation and custody and child support.
As an aside, do not overly concern yourself with the requirements for 'fault' in your divorce petition. The courts are very lax on this point. A few months ago I had an opposing attorney claim the 'cause' for divorce (DRL 202) was legally insufficient. the judge asked him, "does your client want to be divorced or not?" The judge wound up yelling at him. And the 'fault' was, in fact, very thin. Do not overly concern yourself with this. A competant attorney can make almost anything work.
3 years is a long time. 8 months sounds more likely; and that long only because you are stating this one will be fought tooth and nail every inch of the way!
You are welcome to a consultation for no fee.
Re: International/Global Divorce
Since your children are an important issue to you, you might reconsider looking elsewhere for a divorce. Although there isn't a "no-fault" provision in the DRL, the courts commonly fast-track the issue of the dissolution of the marriage. Child custody, support and property issues are more likely to drag out. I suggest you consult with an experienced matrimonial attorney as soon as possible.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
