Legal Question in Family Law in New York
Divorcing abroad? (take 2)
Seeking legal help with Russian-American (NYS) divorce (no case filed).
Here is more information:
The marriage took place 1998 in Russia, both parties were Russian citizens
Both parties resided in NYS (NYC) since 1999 on the status of legal alien
Both parties became US citizens 2007
The marital estate is over $30000 of debt and under $8000 assets (my pension)
Since NYS requires a reason for divorce, I suppose abandonment may be employed as a mutually agreeable cause.
I need assistance determining who has the jurisdiction - NYS or Russia.
I want a divorce and the other party does not. At the time, the spouse temporarily resides in Russia (from 11/21). I am reluctant to bring the battle to New York unless it is absolutely necessary. Annulment possible?
I will eventually need an expert to handle the case cradle-to-grave if it happens in NYS.
1 Answer from Attorneys
Re: Divorcing abroad? (take 2)
If you have been a resident of New York for the past two years the New York courts would clearly have jurisdiction over a case if you brought one in New York. However, if the other spouse is in Russia, it makes things more complicated, particularly in the area of service of process.
Whether the Russian court would also have jurisdiction is a question that a Russian lawyer could answer.
If you'd like to arrange a consultation to discuss the issues, including the critical question of grounds, please feel free to get in touch.
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