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I am an Australian citizen working for the UN and living in

 
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I am an Australian citizen working for the UN and living in NYC. My wife, who is a Norwegian national, seperated a year ago and she is now living and working in Kenya. we have agreed to divorce. We were married in Italy but can we get divorced in NY?

 

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State/Country relating to question: New York

Submitted: 352 days and 19 hours ago.
Category: Family Law
Value: $30
Status: CLOSED

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Expert:  Ely replied 352 days and 19 hours ago.

Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

The answer is yes. As long as one of you is currently living in NY and has lived in NY for a year or more, NY state holds jurisdiction for a divorce. The fact that you got married in Italy does not matter - the marriage is still valid in NY. Neither does your citizenship matter.

Make sure that she signs off on the Uncontested Divorce in front of a notary and sends the waiver back to you or else you'd have to serve her internationally.

This is best done by retaining an attorney who would guide you through the process and ensure that she signs all the original documentation before filing it with the Court as needed.

I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.


Expert TypeCounselor at Law
Category: Family Law
Pos. Feedback: 99.3 %
Accepts: 7424
Answered: 5/14/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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