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I married abroad. Do I need to get a divorce in the U.S. if I want to remarry here?

1 Answers. Asked on Apr 06th, 2017 on Divorce - New York
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We married in abroad, migrated to the U.S. 14 years ago and are now separated. We have been filing for taxes as married couple for all these years and have an American born child. Do I need to get a divorce in the U.S. if I want to marry someone else in the United States? Or would it be enough to just get a divorce our country of origin?
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Answered on Apr 10th, 2017 at 7:41 AM

If you or your spouse lived in New York for at least two years before the divorce papers were filed, or for one year plus the grounds for the divorce arose in New York, you can file for divorce in New York. I can't advise you about the requirements to file for divorce in any other country or jurisdiction but obviously you need a valid divorce decree in order to remarry anywhere in the U.S.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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