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Questions Answered by Ms. Norka M. Schell

2 Answers | Asked in Family Law for New York on

Q: is a divorce proceeding public information?

Ms. Norka M. Schell answered on Jun 6, 2017

The short answer is yes. General marriage and divorce records are not confidential. However, the confidentiality laws surrounding marriage and divorce can differ from state to state. In some cases, records will be completely sealed due to extenuating circumstances, while others will remain open and... Read more »

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2 Answers | Asked in Divorce and Immigration Law for New York on

Q: Obtained my permanent Residency through Marriage in 2013, and recently filed for naturalization, but getting a divorce

I want to know how will filing for divorce affect my pending case and can i still apply again for citizenship after being in the country for 5 years which will be next Aug. Will my status as permanent resident be affected no matter what.

Ms. Norka M. Schell answered on Jun 6, 2017

Many applicants for U.S. citizenship (naturalization) worry that if they got their green card through marriage, but later divorced, they will no longer qualify for citizenship. In most cases, such applicants have little or nothing to worry about.

The people who truly need to worry about the...
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2 Answers | Asked in Divorce for New York on

Q: My husband and I were legally separated in 2010. We reconciled in 2012 and never filed for divorce.Can I file for divore

Under different terms.

Ms. Norka M. Schell answered on May 17, 2017

New York law provides for a no-fault divorce (which requires a sworn statement that there has been an irretrievable breakdown of the marriage for six months or more). If you or your spouse can establish that you have lived separate and apart under a written separation agreement and have complied... Read more »

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