How to start filing a divorce if a couple has been separated for almost 2 years and people have moved on with their lives?

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How to start filing a divorce if a couple has been separated for almost 2 years and people have moved on with their lives?

Husband is an american and wife is European. They have a child together. Marrige has lasted 9 years, past 2 years they have been separated. Wife and child lives in Europe and husband agreed on everything, He agreed to support his child. During the past 2 years he has not supported once financially his child. Mother has paied for everything. Father has threatened from day to day to hurt mother and her family and take the son away. Son is terrified, he lives a good life in Europe, goes to European school for the second year and both years has been one of the best student in his class.

Asked on December 17, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written here I think that it is best if the Mother consults with an attorney as soon as she can.  The facts you have given lead me to worry that with out anything in writing the Father will claim that the Mother kidnapped the child to Europe and that could lead to big problems.  If they both agree on the divorce then he could file an uncontested divorce proceeding in the state in which he resides (as long as he meets the residency requirements).  Please have her get help.  Good luck.


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