Family Law Questions? Ask a Family Lawyer Online.
Thank you for entrusting me with your questions.
Your first question was "Can she divorce her first and remarry?" The answer is "yes".
The second question was " how long and the soonest this can happen?"
The answer depends on the circumstances. To divorce in New York, the residency requirements must be met, so if there is a delay in establishing residency, it could delay the divorce proceeding. Residency for purposes of divorce can be established in one of several ways:
So, hypothetically, the action could be initiated immediately, but (in New York) there could be a wait time of up to two years, depending on the circumstances.
I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.