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Can I file for divorce in the US(NY) even if my wife lives in another country (Honduras)

| Oct 24, 2015 | Uncategorized

Q: I married in Honduras and my wife has remained there since. We had a child a year before we married. Our child was born in Honduras. I was born in Honduras but became a naturalized citizen in my teens.

A: David’s Answer: You can file in NY (assuming you meet the residency requirement). However, you may have issues establishing proper jurisdiction over her as Honduras is not a signatory on the Hague Convention permitting U.S. service on a resident there. You should schedule a consult with a NYC Family Law attorney for a full assessment.

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