Divorce advice

[Robor007 0]

How did you get that waiver? Based on what? Also, I didnt know you can get divorced in another state. I was under the impression you had to divorce in the same state you married? So basically am I free to divorce anywhere I want in the US? Any catches?

I don't know about that part. I would definitely speak to a family law attorney as to the legality of it - especially given NY's apparently wacky divorce laws. As I understand it you file for divorce in the state you were married or where you currently reside.

[GaryC 7]

I am not a lawyer and I am sure each state has it's own rules. When I got my divorce we both signed a paper waiving the 6 months separation condition. The judge approved it and we were on our way. You will have to see if NY has the same option. As far as Vegas goes that is just empirical knowledge. I have always heard of getting a quick divorce in Vegas. If it is true or not I don't know.

[russ 1]

Depends on the residency rules of the state. In Florida I think you need to live here for 60 days.

How did you get that waiver? Based on what? Also, I didnt know you can get divorced in another state. I was under the impression you had to divorce in the same state you married? So basically am I free to divorce anywhere I want in the US? Any catches?

[Flames9_RN 358]

When I got divorced (canada) we agreed on everything, was very amicable, but we both still got a lawyer. Wasnt very expensive since we had already agreed on eveything. Was a few yrs back, but only cost a few hundred $$'s and one had peace of mind that it was correct.

[Jasman0717 9]

She could just get on a plane and go home and her AOS would then be considered abandoned. You can file for divorce and claim abandonment. In some states, if you can't server the respondent, you can just publish the intent of divorce in the local newspaper and the divorce will be granted. Check with an attorney or legal aid society in your area. Good luck

Actually, I read about the Abandonment grounds in a NY state divorce booklet, but the abandonment had to take place at least a year ago. But we've been married for just a month and a half. In fact, all the grounds for divorce in NY had to happen at least a year ago, except the Cruel and Inhumane treatment ground. But that never happened in our situation, so now our situation looks even more bleak. Any tips?

You probably should seek legal advise. Maybe you could file, have her servered and then have her go home. In california, if the respondent doesn't respond to the summons the court will just default the divorce. You might check on any legal aid places that could give you some good advise at a low cost. Good luck!

[almaty 19]

i agree brother jim. divorce is govern by the state and not federal statues, so each state may have a different requirement for residency and grounds

[meauxna 15]

google 'do it yourself divorce' + your state; I'm sure you'll find what you need to know.

She should withdraw her AOS in writing, trackable mail, so she can avoid any difficulties returning as a visitor. Tell her to keep a copy of all her immigration paperwork.

[Alex+R 0]

NY is like the worst state to divorce in, IMO, due to the lack of no-fault. You can't divorce just anywhere; most places have residence requirements, and I think Las Vegas requires at least one person to reside there for 5 or 6 weeks before divorcing. (Remember the old Nevada divorce ranches for ladies?)

(Guys, I love my guy, but I always map an escape route out of everything serious I commit to, just my nature.)

[rclouse 0]

She could just get on a plane and go home and her AOS would then be considered abandoned. You can file for divorce and claim abandonment. In some states, if you can't server the respondent, you can just publish the intent of divorce in the local newspaper and the divorce will be granted. Check with an attorney or legal aid society in your area. Good luck

Actually, I read about the Abandonment grounds in a NY state divorce booklet, but the abandonment had to take place at least a year ago. But we've been married for just a month and a half. In fact, all the grounds for divorce in NY had to happen at least a year ago, except the Cruel and Inhumane treatment ground. But that never happened in our situation, so now our situation looks even more bleak. Any tips?

If all of the grounds for divorce in NY require you to be married for a year, perhaps there's something else (annulment?) that could render you unmarried.

I cannot imagine the state of NY requiring a married couple who wish to divorce or end their marriage be married for at least one year before allowing them into the process.

[Fandango 1,440]

She could just get on a plane and go home and her AOS would then be considered abandoned. You can file for divorce and claim abandonment. In some states, if you can't server the respondent, you can just publish the intent of divorce in the local newspaper and the divorce will be granted. Check with an attorney or legal aid society in your area. Good luck

Actually, I read about the Abandonment grounds in a NY state divorce booklet, but the abandonment had to take place at least a year ago. But we've been married for just a month and a half. In fact, all the grounds for divorce in NY had to happen at least a year ago, except the Cruel and Inhumane treatment ground. But that never happened in our situation, so now our situation looks even more bleak. Any tips?

If all of the grounds for divorce in NY require you to be married for a year, perhaps there's something else (annulment?) that could render you unmarried.

I cannot imagine the state of NY requiring a married couple who wish to divorce or end their marriage be married for at least one year before allowing them into the process.

I know for a fact NC does, so why not NY?

Annulements are only if you haven't consummated the marriage, iirc...

[The Way it Is 0]

NY is like the worst state to divorce in, IMO, due to the lack of no-fault. You can't divorce just anywhere; most places have residence requirements, and I think Las Vegas requires at least one person to reside there for 5 or 6 weeks before divorcing. (Remember the old Nevada divorce ranches for ladies?)

(Guys, I love my guy, but I always map an escape route out of everything serious I commit to, just my nature.)

Every state has some form of no-fault divorce. In NY it is implemented by living apart for 6 or 12 months as required by their laws. Other states its as easy as going to court stating that you have irreconcible differences, or that you are incompatible...depends upon the state.

You cannot go divorce shopping in other states. Nevada will give you a divorce if you establish residence, but if you return to NY as your residence, then the Nevada divorce is voidable, and a NY court will throw it out in a heartbeat upon the motion of a interested party. Even if its not voided by the court, the USCIS will not accept it as it was done only to circumvent the state courts of NY who have jurisdiction.

The old divorce ranches do not exist anymore as most states have adopted uniform codes dealing with the recognition of each others divorce, child custody and support orders.

You need to talk to a family law attorney before you vanture off and so something stupid like trying to get a divorce in another jurisdiction that has no jurisdiction in the matter.

[Nancy2015 2]

What I don't understand is why the OP had to post the same thread twice.

[lou_7979 0]

What is a no-fault divorce?

NY is like the worst state to divorce in, IMO, due to the lack of no-fault. You can't divorce just anywhere; most places have residence requirements, and I think Las Vegas requires at least one person to reside there for 5 or 6 weeks before divorcing. (Remember the old Nevada divorce ranches for ladies?)

(Guys, I love my guy, but I always map an escape route out of everything serious I commit to, just my nature.)

Every state has some form of no-fault divorce. In NY it is implemented by living apart for 6 or 12 months as required by their laws. Other states its as easy as going to court stating that you have irreconcible differences, or that you are incompatible...depends upon the state.

You cannot go divorce shopping in other states. Nevada will give you a divorce if you establish residence, but if you return to NY as your residence, then the Nevada divorce is voidable, and a NY court will throw it out in a heartbeat upon the motion of a interested party. Even if its not voided by the court, the USCIS will not accept it as it was done only to circumvent the state courts of NY who have jurisdiction.

The old divorce ranches do not exist anymore as most states have adopted uniform codes dealing with the recognition of each others divorce, child custody and support orders.

You need to talk to a family law attorney before you vanture off and so something stupid like trying to get a divorce in another jurisdiction that has no jurisdiction in the matter.