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Can a US resident divorce in US from a Guatemala Marriage?

New York, NY |

My mother decided to leave my father after 30yrs of marriage. The day she decided to move out she let my father know that she would leave my 15yr old with him until she was able to find a place to move and safe up money. He agreed my sisters agreed also. Now, will my mom be able to file divorce in new york if she is married in guatemala? Can my father sue for abandonment even though she let him know her decision he agreed to it? and my sisters were of witness? They aren't in talking terms now only through us.

Attorney Answers 5


  1. If she satisfies the residency requirements in NY and other divorce requirements. I would speak to an attorney, if this is your mothers wish. My firm handles uncontested divorce cases in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. If she satisfies the residency requirements in NY and other divorce requirements. I would speak to an attorney, if this is your mothers wish. My firm handles uncontested divorce cases in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. Yes, she can divorce him in New York - as long as one of them has been a resident of New York for a sufficient period. Witnesses are irrelevant.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  4. As long as your mother meets the residency requirements she can file for a divorce in New York. My uncontested divorce website answers many questions about the process, including what the residency requirements are: http://www.nydivorceshop.com/faq.htm

    Best Regards,
    Morghan Leia Richardson, Esq.
    Richardson Legal PLLC
    31-08 Broadway, Suite 204
    Astoria, New York 11106
    www.RichardsonLegalPLLC.com
    Tel: 212-537-6744
    Fax: 212-574-3337


  5. If your parents have both lived in NY for at least one year and the cause of action arose here, or if your mother has lived here for two years, she can commence a divorce action here. Buena suerte! Mejor que hablen con un abogado/a para los detalles!

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