Can I get divorce in New York while wife is in India and cannot come?
Question:
I was married in India in November 2008. My son was born in 2010 in India only. We moved to USA in 2013. My wife moved back to India in 2014 and visited me for 4 months in 2015 and 2016. I recently came to know of her extramarital affair in India and have proofs also. I want to divorce her. She is in India and her Visa is expired hence cannot come. Can I file mutual consent divorce here in USA without her being present here? We both have no issues with child custody and other matters.
I live in New York.
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Answer:
As an experienced Saratoga Divorce Attorney, I am often handle these types of situations. You can file a mutual consent divorce in the US. However, no court in the US will have jurisdiction on the issue of child custody because your son did not live in NY for the past 6 months. A judge might sign a judgment of divorce incorporating an agreement that includes custody. But, it is also possible that the court will reject that part of your agreement.
Are you looking to start a divorce and want to be guided through the process? Contact dedicated Saratoga Divorce Attorney Jean Mahserjian for guidance.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Attorney. This does not consent an attorney client relationship.
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