Q: My husband and I got married in Puerto Rico and now we want to divorce. Do we have to get divorced in Puerto Rico?
Can we get a divorce in my current state(New York)?
A:
If you meet the residency requirements of NY then you can get divorced here. There are a few ways to meet the residency requirement of New York State:
Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
It is likely you can get divorced in NY and there is no need to do so in Puerto Rico.
Lawrence Allen Weinreich agrees with this answer
A: Yes, you probably can get divorced in New York. Have you lived in New York for more than 2 years? If yes, you can get divorced in New York. If you have only lived in New York for more than 1 year, then it depends on other facts.
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.
