Can I file divorce in New York while in visitors visa? 4 Answers as of April 17, 2013

I was married 3 years back in India and I am not living with her for some reasons. I am now staying in Dubai. I want to divorce my wife without her consent. If I come to New York on visit visa, can I file divorce in there.

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David A. Browde, P.C.
David A. Browde, P.C. | David Browde
After you've been a New York resident for one year, yes.
Answer Applies to: New York
Replied: 4/17/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
No. A New York Court needs jurisdiction. Unless one of you has been living in NY for 2 years, a NY Court can not help you.
Answer Applies to: New York
Replied: 4/17/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
In order to file for divorce in New York, you must satisfy the jurisdictional requirement which is the following: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or 5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. So as long as one of the above is satisfied, then you will be able to file for divorce in New York State.
Answer Applies to: New York
Replied: 4/17/2013
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