Legal Question in Family Law in New York
How to confirm a divorse
My father left my family 33 years ago and my parents were never legally separated. My father claims he filed for divorce but has never provided documentation to my mother when requested. We are beginning to look at doing her will (she is 71) and we are not sure if this matters or not. They were married in NYS in 1965. She lives in MA and he lives in NY.
Your help in this is greatly appreciated.
4 Answers from Attorneys
Re: How to confirm a divorce
It matters a great deal as you will need to know in order to probate your mother's will.
If oyu r father cannot provide you with a copy of the judgment of divorc, you will have to search the court records. If there is no divorce, they are still married and your father would have an interest in your mother's estate ( and vice versa).
Daniel Clement
Re: How to confirm a divorse
You should check with the clerk in the location where your parents formerly resided. In any case, it is unlikely that your father obtained a divorce without your mother having any knowledge of the same.
You mother may file for divorce provided she meets certain requite requirements. She should discuss this matter with an attorney as soon as possible.
Re: How to confirm a divorse
Your mother may request a divorce record search via fax, mail or online from NYS Department of Vital Statistics.
If no divorce found, then she should file for divorce in either NY or in MA. Both states have jurisdiction, based on the place of marriage or based upon the residence of a party.
Good luck,
PHROSKA L. McALISTER,ESQ
Re: How to confirm a divorse
it might matter a great deal due to the marital right of election. In new york at least you cannot disinherit a spouse. you can call me for a free telephone consultation at 516 466 5297
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