Bronx, NY asked in Divorce for New York

Q: Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for divorce in the us?

Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for another divorce in the us after the divorce is granted in another country?

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

A: Once the divorce is granted overseas, she may not file for a divorce in the US. However, if the foreign court does not deal with custody or child support she can file in the US for those things. There may be additional things she can file for depending on the state in which she files.

David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: Yes - sometimes people simply want the safety of having a divorce judgment issued by NY - especially if they were married here. Likewise, if the foreign court did not have proper jurisdiction and/or it did not reach certain issues between the two of you (e.g., asset/property distribution), then it may be better to file a 2d divorce case here. Schedule a consult with a Bronx Divorce Attorney for a full assessment.

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