QUESTION
What issues might we face for a non-citizen divorce?
Asked on Jun 26th, 2017 on Divorce - New York
More details to this question:
Currently my sister-in-law is going through a divorce with a husband that is a citizen. Here is the following information: 1. For past 4 years they have only been in contact via phone and mail due to husband's incarceration. 2. They do not have any joint related accounts (that I am aware of), and only recently met in person within the past two weeks. 3. They are going through process of citizenship for her, but as she calls to cancel, the lawyer explains that he called and already closed the case. Possibility of canceling status was warned. 4. She only moved into his house (with his parents) for about a week (she did not change address with usps or anything else). She was kicked out due to disagreement and they immediately proposed divorce (her husband and his family). 5. I do not know when they were officially married, but possibly while he was incarcerated (if that is possible) or before hand. What are the possible consequences she may face within the divorce?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Has your sister-in-law actually been sued for divorce, or is she looking to start an action for divorce? She may be able to file for divorce in New York, depending on where she and her spouse are living/incarcerated.
In order to meet the residency requirements for filing a New York divorce, either 1) one of the parties must have been living in New York for 2 years prior to the divorce, OR 2) one of the parties was living in New York for one year immediately before the divorce, AND you got married in New York, OR lived in New York as a married couple for at least one year, OR the grounds for the divorce arose in New York, OR both parties lived in New York state on the date the divorce was filed AND they lived together as a married couple for at least a year before the divorce.
If your sister-in-law has already been sued for divorce and is concerned about the "consequences", much more information is needed. Is she living in the U.S. and concerned she will be deported? Is she living outside the U.S. and afraid she won't be able to return? Are there children of the marriage and if so, where do they live? "Consequences" is a very broad term. Please provide more information.
Answered on Jun 26th, 2017 at 8:51 AM