Legal Question in Family Law in New York

my husband has a first wife in philippines i want to file a case for him. he is here in USA now, were married in alaska. were both undocummented here. can i file a case for that.


Asked on 2/16/11, 8:46 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

No. Only he can file the case. But it can be filed in New York if he has been a resident here for two years.

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Answered on 2/17/11, 4:43 am
Michael Markowitz Michael A. Markowitz, PC

David is normally correct. However, I have had a case where an undocumented resident filed for divorce in New York. No one could produce a valid social security number. The court dismissed the action since the individual was not a legal resident of the State of New York.

My suggestion is to file for the divorce in the Philippines.

Mike.

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Answered on 2/17/11, 5:34 am


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