Legal Question in Family Law in New York

Re: Two non-US citizens seek NY divorce from abroad

A "divorce" will generally not be recognized in NY, if a party to the "divorce" was not NOTIFIED of the Action for Divorce (Served with a Summons or Summons&Complaint), before the divorce was granted.

However, A party properly "Served" with Notice of an Action for Divorce, need not Answer or Appear, in order for a Divorce to be granted by "DEFAULT."

A party may consent, in a writing,( usually by affidavit) to a Court's jurisdiction, that may also include a statement of their intention NOT to object to the granting of the divorce to the other party, per the grounds stated and per the other relief requested, in lieu of appearing in person or by attorney.

A couple, married in NY, may obtain a "legal" divorce, recognized in NY, in another country where one or both parties live and where both parties are subject to or consent to that countries' or states' jurisdiction; the divorce laws of the country or state, and are based on a US or European "model;" Or, are specifcally recognized in the USA.

You should consult with a lawyer in your country and in NY.

Good luck,

Phroska L. McAlister,ESQ