QUESTION
Can a U.S. permanent resident in NY file for a divorce from wife in India whip has never been to US?
Asked on Sep 30th, 2014 on Divorce - New York
More details to this question:
I am a U.S. permanent resident who recently got married to a lady in India. The marriage has suffered irretrievable breakdown and thus I want to file for divorce in NY. My spouse has never been to US and the marriage was done in India. Can I still file for a divorce in NY. The chances are it will be a contested one. In that's case how can one go about using process server in India and how soon after my marriage can I file for the divorce?
1 ANSWER
You would have to be a resident of New York for a year and be married for at least six months. Service of process in India is done under the Hague Convention in most cases - however, a recent Federal Court decision may have opened that to question under some circumstances.
Answered on Oct 01st, 2014 at 12:32 PM