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I need to get a divorce but my wife now lives in Florida. What

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I need to get a divorce but my wife now lives in Florida. What do I need to do?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The fact that you spouse lives out of State is not a problem. First, you must make sure that you meet the necessarily residency requirements. New York Filing Requirements: In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)

Assuming that these are met, you can file and would need to have her served, out of State, in Florida. A process server can likely serve her, as long as you know her address and where she resides. You will also want to call the local sheriff to find out how to have the papers served in that county she resides in, just to make sure you comply with proper service, so she does not try and quash it.

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