QUESTION

divorce from chinese national by american citizen in new york state

Asked on Jun 22nd, 2013 on Divorce - New York
More details to this question:
I am an American citizen who married a chinese national IN CHINA in 2007. I am now moving back to new York State and am buying a house with my own cash savings. My wife has her permanant residency cards and will follow me to New York state to live in the house I am purchasing. If my wife chooses to divorce me can she do it in New York state even though the marraige was in China in 2007? And if she can divorce me in New York state can she seek 1/2 of the house I am purchasing during the marraige with my own savings?
Report Abuse

2 ANSWERS

Family Law Attorney serving New York, NY
2 Awards
In order to file for divorce in New York State, you must satisfy one of the following jurisdictional requirements:   The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.   Therefore, if you were not married in New York State, then if you have resided together as husband and wife in New York State, one of you must reside for a period of at least 1 year before being able to file here.   If the house is used for a marital purpose, then she can claim it as marital property during a divorce proceeding.  
Answered on Jun 23rd, 2013 at 3:11 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

Report Abuse
Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
Update Your Profile
Yes. Once she is a New York resident for a year she can divorce under New York law.
Answered on Jun 23rd, 2013 at 3:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters