A man, who is married in NY, gets a foreign divorce and marries someone else in NY. Can his first wife go to court, in NY, and get this divorce invalidated? Is this man committing adultry?
Generally, the courts in NY recognize decisions made in other jurisdictions, subject to proper notice to all the parties and the fairness and equity which results from the decision. A lot will have to do with the actual jurisdiction in which the decision was made and whether the decision would have been dramatically different had it been made in NY. If the assets of the couple are located in the NY or the children of the marriage are located in NY, the courts will be more apprehensive about accepting a decision of another court.
Such a situation requires the assistance of experienced legal counsel. If you are located in the New York City metropolitan area , I strongly suggest you call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions