Legal Question in Family Law in New York

property in another country

My husband and I immigrated to US in 1998. In 1999, he left us (me and my daughter) and he has lived separately with us since then. Now, he wants to get divorce and hiring a lawyer to do so. Without much money, my daughter and I live in difficulties. And, I don't have much money to afford a lawyer. However, we have an house and some other properties in China. Do those properties can be counted as the sharing properties? Is it possible for him to get divorced without my agreement? And, I would like to know the process for the divorce in my case. Or can you give the suggestion what I should do for now? Thank you!


Asked on 8/10/04, 12:04 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: property in another country

The US, NY Court may not have "jurisdication" over your property in China. BUT, If the property in China is deemed "marital" property, in NY, then the court can allocate the equities or interest in the property, as between you and your spouse.

However, you may be entitled to receive the child / and OR spousal support, and an interest in any property your spouse may have acquired, since he left you.

If you are in NY, call the local Law Schools and ask for info and numbers and an appointment to their Law School Clinics.

Do not be intimidated by either your husband; or your need for help.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/11/04, 4:45 pm


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