Legal Question in Family Law in New York
my wife and me have married in foreign country 10 years ago. 6 yrs ago we won green card lottery and came to USA , I am citizen , she is not yet (she is permanent resident). We want to live separate now, without official divorce. Are we considered married by USA law , so can she sue me or summon to court to get alimony or get my feature property after few years ?
1 Answer from Attorneys
I happen to do both Immigration and family law, so I deal with this type of thing all the time. Let me first say that I can only give you general information, because every case depends upon the facts, especially in the law.
As a general matter, a marriage in a foreign jurisdiction is recognized by the United States.
The state you live in has specific laws that affect divorce, Support, and Maintainance. In general, if two parties separate in the State of New York, and they are married, even if they were married in a foreign jurisdiction, one party can go to the court, and ask a judge to order that maintenance be paid.
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