Liberty, NY asked in Divorce for New York

Q: How do I file for a divorce. We both agree we want a divorce but we were married in mexico, does that change anything?

I would like to the cost for a divorce and if there is any way I can file it for free.

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
  • Williamsville, NY
  • Licensed in New York

A: You may obtain a divorce in the United States even if you were married overseas. However, in order to do this, your marriage must have been valid under the laws in the jurisdiction where you were married and you must serve legal notice of the divorce proceedings to your spouse’s current address. If your spouse’s current address is overseas, then you must serve notice to that address. Critically, the laws governing the proceedings will be based on the state where you filed the action.

The proceedings could become quite a bit more complicated, if your spouse contests the divorce. However, based on the facts you have described it does not seem that applies here.

I want to stress that because I only know a very limited amount of facts, there is no possible way for me to assure you that this answer is correct. This is answer is most certainly not legal advice. Please consult an attorney for further guidance.


Andrew Tabashneck

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