WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS
A friend of mine married a women in NY but is from Canada, they have been married for 2+ years but have never lived together. He is living in NY and has been for 3+ years, he is there on a work visa. He is wanting a divorce but she is giving him problems & he feels she will not sign the papers. They have not been together in any type of relationship in over a year. She keeps telling him that she has applied in Canada and papers have been sent to him but he never gets them as she is playing games with him.Answer:
What advise would you suggest for him to end this legally?
If he is living in New York for three years he can file for the divorce New York. He does not have to file in Canada or wait for her to file.
In fact he would be better off filing in New York where he is residing and would not have to travel to Canada.
He will have to serve her with a summons and complaint in Canada but that is not difficult if he knows where she is residing.
Perhaps his filing in New York would get here to cooperate. In the event she does not wish to cooperate. he can still file
For divorce and force her to hire an Atty. to answer the summons and complaint.
If he is living in the New York City metropolitan area, I strongly suggest that he consider mediating the divorce.
Please have them call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions