Legal Question in Family Law in Pennsylvania
Divorce
My husband & I have been separated since 1994. He lives in Pennsylvania while I live in New York. Is there a way to file for a divorce without having to go to Pennsylvania. All of our children are adults now. I just want to be free of him totally.
3 Answers from Attorneys
Re: Divorce
If you have lived in New York for two years prior to filing for divorce, or if you have lived in New York for one year and you were married in New York, you can file for a divorce in New York.
Re: Divorce
If you have been separated pursuant to a properly filed separation agreement, or if your husband is agreeing to the divorce, there is no necessity to return to Pennsylvania, and you can obtain a divorce in New York. Even if neither of the above is true, you may still be able to get a New York divorce, even though it may be a bit more difficult.
Re: Divorce
As long as you have lived in New York for at least one year and therefore established residency, you can file for divorce in New York and not have to go back to Pennsylvania.
The next step is to see if you have grounds to get divorced in New York. If you are living under a separation agreement or if you have one of the other 5 grounds, you can get divorced without worrying about your husband agreeing. The easiest way to get divorced is if your husband is willing to sign off on the divorce and make this an uncontested divorce. Then the entire process becomes a matter of paperwork and court apporval.
If you would like to discuss this further, I give a free consultation either in person or telephone. Contact my office at 516.746.4747 or contact me by e-mail at [email protected].
Joel R. Salinger, Esq.
114 Old Country Road, Suite 440
Mineola, New York 11501