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I was married in the overseas to a nonamerican. I had a child, spouse became abusive. I left. Can i file for divorce from here?

New York, NY |

I have a daughter with a man who i married 8years ago he became abusive, i left. i returned to my home country. he has never paid child support and we have no contact. is it illegal if i was to not file for divorce despite being sperated so many yeasr and remarry in my country?

Attorney Answers 5


  1. You can file for divorce in NY if you have been a New York State resident for two or more years.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>


  2. If you meet the NY residency requirements, you can file for divorce in NY. If you do not file for divorce and remarry, you run the risk that your second marriage could be invalidated.


  3. If you've lived in NY for the last two years, you can file here.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  4. You can file for divorce in NY so long as you meet the residencey requirements. The residencey requirements are as follows:

    1. You or your spouse must have been living in New York State for a continuous period of at
    least two years immediately before the date you start your divorce action; OR

    2. You or your spouse must have been living in New York State on the date you start your
    divorce action and for a continuous period of at least one year immediately before the date
    you start the divorce action, and at least one of the following must also be true:

    a) Your marriage ceremony was performed in New York State; OR

    b) You lived in New York State with your spouse as married persons; OR

    3. You or your spouse must have been living in New York State for a continuous period of at
    least one year immediately before the date you start your divorce action and your grounds
    for divorce must have happened in New York State. (“Grounds” means a legal reason for
    the divorce); OR

    4. You and your spouse must be residents of New York State (no matter how long) on the
    date you start your divorce action, and your grounds for divorce must have happened in
    New York State. (“Grounds” means a legal reason for the divorce).

    You cannot get remaiired until you first obtain a divorce from your husband. If you marry a second husband without divorceing the first, in our country, it is considered bigamy, which is a crime.


  5. Absolutely. Please see below a decision below in which I represented the husband. I can be reached at peyton@apbryantesq.com Office: 646.421.6505

    SM v AM

    SM v AM 2011 NY Slip Op 51681(U) Decided on September 14, 2011 Supreme Court, New York County Kaplan, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

    Decided on September 14, 2011
    Supreme Court, New York County

    SM, Plaintiff,

    against

    AM, Defendant.

    305927/2011

    Anne Peyton Bryant, Esq. for the plaintiff

    Rhonda Ores, Esq., Fox Rothschild LLP, for the defendant

    Deborah A. Kaplan, J.

    Recitation as required by CPLR 2219(a), of the papers considered in review of this Order to Show Cause:

    PapersNumbered

    Defendant's Order to Show Cause and exhibits1, 2 EXHS A-M

    Plaintiff's Opposition and exhibits1,2EXHS A-S

    Defendant's Reply and exhibits1-3EXHS N-S

    The defendant-wife (hereinafter "wife") moves pursuant to CPLR §3211(a)(4), for an order dismissing and/or staying this action for divorce and custody based upon another divorce and custody action pending in France; pursuant to CPLR §3211(a)(2), for an order dismissing this divorce and custody action on the grounds that this court lacks subject matter jurisdiction over the custody of the parties' child because the child's home state is France; and for dismissal [*2]of the divorce action on the grounds that the plaintiff-husband (hereinafter "husband") has not met the residency requirements for jurisdiction in New York. The husband opposes the motion.

    Background

    The parties were married in Paris, France on September 18, 2007. Both are British residents and were residents of France at the time of the marriage. Prior to marrying, they entered into a prenuptial agreement in France on September 10, 2007. In September 2008, the parties moved from Paris to New York, after the husband was offered the position of art director at Vogue Magazine. The wife, who had been working as a manager of communications for a fashion company in Paris, resigned that position in order to go to New York with the husband. Shortly after moving to New York, the wife obtained a job at Prada as Vice President of Public Relations. The husband lost his job at Vogue in October 2009.

    The wife's daughter from a previous relationship, now age 9, lived with the parties during their marriage. There is one child of this marriage, a boy, born on May 26, 2010. On June 25, 2010, the wife moved from New York to Paris with the parties' child and her older daughter.

    The wife filed a divorce action in France on March 22, 2011; that case is scheduled to be heard on September 13, 2011. On May 19, 2011, the husband served the wife with a summons and verified complaint in this action for divorce, which had been filed on April 26, 2011. In the instant action, the husband seeks custody of the parties' child, child support and equitable distribution of all marital property and declaring the rights of the parties to their separate property.

    Parties' Contentions

    It is the wife's contention that the husband has never expressed an interest in their child from the time she announced that she was pregnant. She claims the husband abandoned her in New York, moving into another apartment while she was pregnant. She notes further that while the husband saw the child in July 2010 in France, he has made no effort to see or visit him since. She states that she has no objection to the husband having contact with his son, but given his behavior since she told him she was pregnant, and his voluntary absence from the child's life thus far, his introduction to the child is a delicate matter and needs to be addressed in France where the child lives.

    The husband contends that the wife fraudulently obtained a passport for the parties' child by asking him to sign some paperwork and then having his signature notarized outside of his prese

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