Question:
Can I get an uncontested divorce in NY being a resident of PA? We were married in Pennsylvania.
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Answer:
As an experienced Saratoga Child Support Attorney, I know there is a residency requirement which must be satisfied to properly obtain a divorce in New York. Based upon your facts, the residency requirement was not satisfied. Additionally, if your husband filed under “No Fault,” it must also have been demonstrated that the economic issues were resolved, either between the parties by agreement or by determination of the Court.
As a first step, I would recommend contacting the Supreme Court Clerk’s Office or the Judge’s Chambers to ascertain what resulted on the Appearance Date (e.g. whether the Court did make a determination on the economic issues and whether the Judgment of Divorce was or will be granted). It is important to follow the proper requirements to obtain your Judgment of Divorce to remove any future doubt.
Do you have questions about getting an uncontested divorce in a different state that you were married in? If so, contact the experienced Saratoga Child Support Attorney Katrin Falco.
This legal question was provided by Avvo and answered by Katrin Falco, an experienced Saratoga Child Support Attorney. This does not consent an attorney client relationship.
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