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Divorce filed in NYC
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happyme99 Posts: 1
Posted On: 8/13/2014
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Hello
I was married back in 1998 in british columbia. Both my self and spouse are canadian citizens.
The relationship between us fell apart 5 - 6 years ago and i found my self in NYC for the last 4 -5 years.
I would like to know if i can get a divorce here in the US or would i have to go back to canada to file. Filing in the US would be a better choice for me if not, is there a way to do it all online.
I have tried many times too look for information on Google with no luck.
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Moderator Moderator Posts: 4075
Posted On: 8/14/2014
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Hello,
Thank you for sharing your situation and question with us.
you can find some information in the Marriage and Divorce publication from the Family Law Education for Women website.
Here is an excerpt,
Are divorces from other countries legal in Canada?
Ontario accepts that divorces from other countries are legal if you or your spouse lived in that country for at least one year before you applied for a divorce. If neither of you lived in the country for a year, your divorce may still be legal if the person who applied can prove that they have a “real and substantial connection” with that place. For example, if you were originally from the country that granted the divorce and had returned there when your relationship ended, the court could say that you had a “real and substantial connection” to that country.
If you were divorced in another country, you must have a certified copy of the divorce order. If it is not in English or French, you must also have a copy that has been translated by a certified translator. You also need a letter from an Ontario lawyer stating that your divorce should be recognized under Canadian law.
In terms of getting a divorce in New York, you can find some helpful information on the NYCourts.gov website.
It states,
(1) Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year.
For more information the NYCourts.Gov website suggests in the Where can I find out more information? section,
Visit Supreme Court Web Sites: Even if you do not live in these counties, the web sites in Bronx, Kings, and Queens Counties have helpful answers to Frequently Asked Questions
• Check out LawHelp.org for information on a wide range of topics tailored to your geographical area.
• Find a lawyer for a consultation on how the law affects your individual circumstances and to get legal repesentation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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