Legal Question in Family Law in New York

Undo an old marraige

A friend of mine married a foreign woman years ago for convenience. They have been separated many years. He doesn't even know where she is or remember her full name. Is it possible to get divorced with such a lack of information about the spouse? How hard would it be to undo this ''mistake''?


Asked on 9/30/06, 4:16 pm

3 Answers from Attorneys

Re: Undo an old marraige

Your "friend" would be hard pressed to petition for divorce on grounds of 'it was a marriage of convenience' since that is a crime for immigration purposes and could subject him to penalties and prosecution. Your "friend" should retain a lawyer before filing anymore paperwork.

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Answered on 9/30/06, 4:22 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Undo an old marraige

I suggest you repost this under the New York board if your "friend" is in New York and/or was married in New York.

If this was a legal marriage, someone would have a marriage certificate somewhere, no? I suggest you get an attorney to handle all of this for you in the proper area. You'll probably need to hire a PI to find out her current or last know whereabouts then you could take it from there regarding proper service.

Sounds like one expensive mess to undo.

Best of luck!

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Answered on 9/30/06, 4:25 pm
Kristen Browde Browde Law, P.C.

Re: Undo an old marraige

It would be relatively simple to get a divorce under New York law in these circumstances, except if this individual genuinely can't remember or discover the full name of his spouse (which seems more than a bit unlikely.)

The question of the marriage of convenience would be very unlikely to come up in the divorce proceeding.

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Answered on 10/01/06, 12:45 am


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