Legal Question in Family Law in New York

Re: out of state divorce

"CONSENT" of a spouse is not generally required, for a divorce to be granted, if the plaintiff spouse meets Court requirements for marriage dissolution, in the State, in which the divorce is to be granted.

IN most USA states, "Actual" or "Constructive" NOTICE, to the spouse, that a Divorce Action has been filed, is the only requiment, which franktly, is often falsified.

Suggest: If child support or property issues remained unresolved between you and your spouse, that you immediately retain an attorney and file in NY.

Good luck,

Phroska L. McAlister,ESQ

Re: out of state divorce

I do not know the law in Florida. Your question was tagged as relating to NY law. You should re-direct it to a Florida attorney.

I think that it is highly unlikely that someone can "legally" obtain a divorce without the other person's knowledge. I say "legally" because it is possible to improperly obtain a divorce without the knowledge of the other party. Again, you should check with a Florida attorney.

If you need an attorney here in NY, please feel free to contact me.