A friend needs to know if he gets married in Jamaica if he can get divorce in Brooklyn N.Y? The wife is not contesting this move
5 attorney answers
Where they can get divorces is based upon where they live now, not based upon where the wedding took place. If one of them lives in New York and meets the residency requirements to get divorced in the state, then the divorce could get divorced in New York. Based upon your question, I am assuming your friend lives in Brooklyn, if he has lived there for at least 2 years he can definitely get divorced in Brooklyn. There are other jurisdictional factors that would allow him to get divorced in Brooklyn as well (such as he has lived in NY for 1 year and he and his wife either lived together in New York while married or the cause of the divorce occurred in New York.)
If he meets the jurisdictional in New York then he can file in New York. He needs to have lived in New York for more than a year.
As long as he meets NYS residency requirements, he can file in Brooklyn. It does not matter where he was married.
If the husband has been living in New York for the last two years he can file for a divorce here. The necessary papers can be sent to the wife wherever she may live.
It doesn't matter where the marriage took place if the residency requirements are met for divorce in NY.
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.