Howdoes a non-citizenget a divorce?

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Howdoes a non-citizenget a divorce?

I am an Brazilian citizen and married to an American citizen. Last year while visiting my BF, he proposed and we spontaneously got married. Not long after, we realized we had rushed into things and decided to get divorced. I live in Brazil and he is a NY resident. I would like to know which ground would be more appropriate for us file the divorce and do we need a legal document to state that we’ve been separated or just the proof that we’re in different countries enough?

Asked on August 6, 2010 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

The same way a citizen gets divorced.  Your husband is a citizen of the United States and a resident of New York, correct?  Then he has to file for divorce based upon the New York Domestic Relations Law.  The issue is that the court must have jurisdiction over YOU in order for them to be able to make a decision as to your marriage.  If the divorce is "uncontested" the court allows the uncontesting party to admit service of the petition for divorce and to waive the right to file an answer and to submit themselves to the "jurisdiction" of the court.  This will allow the matter to proceed through the divorce process.  Seek legal help in New York on getting this all done. Good luck.


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