QUESTION

Can I file divorce in New York while in visitors visa?

Asked on Apr 15th, 2013 on Divorce - New York
More details to this question:
I was married 3 years back in India and I am not living with her for some reasons. I am now staying in Dubai. I want to divorce my wife without her consent. If I come to New York on visit visa, can I file divorce in there.
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1 ANSWER

Family Law Attorney serving New York, NY
2 Awards
In order to file for divorce in New York, you must satisfy the jurisdictional requirement which is the following: 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. So as long as one of the above is satisfied, then you will be able to file for divorce in New York State.
Answered on Apr 17th, 2013 at 8:32 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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