Question: Can my husband and I file a Separation Agreement in New York and move to another country, and after a year or more, come back to New York and file for divorce???. My husband and I have been married and live in NY for 35 years. I am retiring, and he retired already. I plan to make my residence in Sudamerica, his plans are the same. I donÂ’t want a divorce now, I want to give my husband one more opportunity and if doesnÂ’t work I want a Divorce. If the answer to my question is NO, how can I protect myself ??? I would like to divide all our assets before I leave, my husband is collecting two pensions (Defined Benefit Pension) and Social Security. Our assets are, 401K, IRA. Stocks and a house already paid.
In order for New York to retain jurisdiction in this matter, your legal residence must be in the state of New York. If you move to the other country permanently, you lose your legal status as a New York resident, but if you move there only temporarily, you may maintain your New York resident status.
You can protect yourself by entering into a Separation Agreement in which you and your husband agree to divide the assets as you wish, and, after one year, in the event you still wish to have go through with the divorce process, you may use the Separation Agreement as the grounds upon which you seek a Divorce.
If you’re living in the New York City metropolitan area, I strongly suggest you call me at 212-370-1660 to arrange for us to meet to mediate your separation and allow you to proceed without fear.
Leonard M. Weiner, Esq./Divorce Solutions