Brooklyn, NY asked in Divorce for New York

Q: How can I get divorce in New York if my ex partner is in another country?

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2 Lawyer Answers
Joseph Douglas Barics
Joseph Douglas Barics
Answered
  • Commack, NY
  • Licensed in New York

A: In general, a divorce may be filed in the state or country where either spouse lives, provided the residency requirements are met. If you meet the residency requirements of New York, you can file here. Your spouse must still be served with the divorce papers, and service must meet both NY law and the country where your ex partner lives.

If there are other issues, such as support or children, it will be a bit more complicated.

I suggest you speak to an attorney for specific advice.

Good luck.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: As long as you have met the residency requirement for NY jurisdiction, you can file in NY. However, you will need to have your partner served in the other country. Just be aware, that if you have children, if they have been out of the state for 6 months or more, NY does not have jurisdiction for custody/visitation.

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