Legal Question in Family Law in New York

Re: what is the first step to file divorce

Based on what you said, this divorce can be completed without too much problem. However, there are too many details to discuss before a final recommendation can be given. I suggest you contact an attorney to discuss your options. Feel free to contact me if you'd like.

Re: what is the first step to file divorce

When you say "still see each other once or twice a year," does this mean a sexual relationship or something else.

In NY you must have grounds for a divorce. Grounds may include "constructive abandonment" for one year. Constructive abandonment is defined as no sexual relations.

If there are grounds, the husband may start the action in New York as long as the wife resided in the State for more than two years.

The suicide issue is tricky since you really do not know if it is dramatics or if she really means it. Therefore, the husband must be cautious when starting the action.

Mike.

Re: what is the first step to file divorce

To initiate a divorce in New York there are some specific legal hurdles that must be overcome. This can be done via remote control from China, but it will be difficult, as some of the required papers will have to be notarized - and, for someone in China, that would mean going to either a U.S. consular office or finding a U.S. notary in China (perhaps at a large U.S. based firm or a law firm.)

If you'd like to discuss the specifics of your case, please feel free to get in touch.