QUESTION
Can my ex spouse file for divorce in New York if my marriage was void in Nevada?
Asked on Mar 15th, 2017 on Divorce - New York
More details to this question:
In 2013 I fell in love with my first cousin and we married in Las Vegas. we are both life long New York residents. A year after the marriage I decided to divorce. Marriages between first cousins are illegal in the state of Nevada. I consulted an attorney in Nevada and was told that an annulment cannot be issued for a void marriage- it's like we were never married. Since no divorce was necessary, I remained in the same house as my ex. This time as a casual boyfriend/girlfriend. We were trying to work things out. Unfortunately, things did not work out. I was served with a spousal support order from family court today. My ex spouse will also be filing for divorce and wants half of my money as well as maintenece. I make about 500k a year. If my marriage was void in Nevada can it be valid NY where marriages between first cousins is legal? Would I now have to pay alimony and divide assets?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You certainly have a good defense to the spousal support order, but it needs to be vacated if it's actually an order and not just a petition. If it's a petition it needs to be defended. You'll win, but you need to fight it- if there's an order, your cousin got it on default because you ignored it. You don't want to let that happen again.
Answered on Mar 16th, 2017 at 9:37 PM