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?
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.
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