Q: How can I get divorce in New York if my ex partner is in another country?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.