“I want to divorce my spouse and we both agree to this. We were married in Venezuela, but now live in Monroe County, New York. Does this change anything?”

 

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You may obtain a divorce in New York State even if you were married overseas. However, in order to do this, your marriage must have been valid under the laws in the jurisdiction where you were married and you must serve legal notice of the divorce proceedings to your spouse’s current address. If your spouse’s current address is not only outside of New York State but out of the country, then you must serve notice to that address. Critically, the laws governing the proceedings will be based on the state where you filed the action. Therefore, if you file the action in Ontario County, Monroe County, or any other county in New York, then the laws of New York State will apply.

The proceedings could become quite a bit more complicated, if your spouse contests the divorce. However, based on the facts you have described it does not seem that applies here.

I want to stress that because I only know a very limited amount of facts, there is no possible way for me to assure you that this answer is correct. This is answer is most certainly not legal advice. Please consult a New York Attorney for further guidance.

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