Question #198: My friends were born and married in Ireland. They have been separated for 20 years now and one of them has lived in New York and become a “Green Card” resident. How does the N.Y. resident get a divorce from the spouse left in Ireland? Do they both have to agree, or since it has been so long, is it a paperwork only situation? My friend in N.Y. wants the divorce, but the friend in Ireland has not been willing to sign papers. Complicated I know, but I believe there is an answer somewhere. Thank you.

Your friend can sue in New York and appears to have sufficient grounds under the recently enacted new No-Fault provision of the law, but will have to serve the spouse who’s living in Ireland with a summons and complaint. Of course, it would be much better if your friend’s spouse would cooperate and it would make the process a lot easier and much less expensive. If, however, the spouse is adamantly opposed to the divorce, your friend can sue for divorce in New York and litigate the matter in court. Once served, the spouse would be required to provide a formal Answer or be in default.
If your friend is living in New York City metropolitan area, I strongly suggest your friend call me to discuss mediating the matter rather than litigating in court .

If Leonard M. Weiner, Esq/ Divorce Solutions