LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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Question #224

We were married in 1982, Nassau Co., NY; have lived in Germany for over 25 years. Been living separated for over a year, but have no written separation agreement. Neither of us has filed for divorce. If we did, under which law would we be divorced? Since we do not reside in NY, I would think German law for the divorce proceedings. Would the proceedings, filings, papers, etc. have to be sent to NY for filing or just the final divorce decree? Would NY law (Equitable Distribution) determine what happens to assets/liabilities, real property, etc.? If we were to agree on the division of assets/liabilities and they were uneven but agreeable to us both, would a lawyer/court accept and honor that?

You are undoubtedly subject to German, not NY jurisdiction, since you have been living in Germany for over 25 years.

German law would apply and no need to send anything to NY. If you wish to remarry in NY, you will have to provide proof of divorce from Germany.

If there are no minor children involved and your decision to divide the marital property is reasonable (i.e., not leaving one spouse

Without the financial resources to continue alone), the courts should not object.

Good Luck!

Leonard Weiner, ESQ./Divorce Solutions

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