Legal Question in Family Law in New York
International Divorce
If a US citizen marries an Italian citizen from Italy
and the marriage occured in Italy would it be easier
to obtain a divorce by returning to Italy rather
obtaining one in NY? There is one child involved and
the marriage has lasted for 10 years. Is there a
waiting period in Italy as there is in NY? The
marriage has been ''abandoned'' and the couple has been
seperated for 3 years. (Not a legal separation) but
has lived in seperate residences for longer than 3
years.
Is there any place else the divorce could occur
2 Answers from Attorneys
Re: International Divorce
You are misinformed. There is no waiting period in NY, so long as NY has jurisdiction.
NY divorces are not difficult, if both parties are in agreement. Often, that will require neogotiation. Custody, visitation, and child support must be resolved. If negotiations fail, then the court will decide all issues.
Suggest you consult with an experienced matrimonial attorney, to learn your rights and your options. (516) 741-7799
Re: International Divorce
If the parties have both lived in New York for the period of time you state, then the New York courts have jurisdiction. The action can be filed immediately. The courts in Italy will probably not have jurisdiction because of the US residency. The New York courts will be the appropriate forum for resilving all issues. Jeremy Morley [email protected] 212-684-2210
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