What can I do if I want to get a divorce, but my spouse lives in another state?

What can I do if I want to get a divorce, but my spouse lives in another state?

  • Couple_fight_outsideIf your spouse lives outside NY, and you resided for at least two years prior to commencement, you can file in New York, and still get jurisdiction over your spouse.
  • The issues becomes how long the person filing has actually resided in NY State.
  • As long as compliance is there, you can file in New York and serve anywhere in the country without problem.

What can I do if I want to get a divorce, but my spouse lives in another state?

To dissolve your marriage in the state of New York, you need to fulfill a residency requirement prior to applying for divorce. You will need to show that you and/or your spouse have lived in New York without interruption for at least two years. This is because the court needs to establish jurisdiction over your case.  

If your spouse lives outside the State of New York and you resided for at least two years prior to the commencement of a divorce, you can file in New York. You are able to get jurisdiction over your spouse by serving them a summons just as if they did live in New York. The issue becomes how long the person who is filing actually resided in the State of New York prior to filing. As long as the compliance is there, there is no problem. You can file in New York and serve anywhere in the United States without problem.

Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

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