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As plaintiff are my chances better with a Special Referee as to validity of a foreign divorce or is judge copping out?

Q: Unbeknown to me husband went to Dom. Rep. divorced me and remarried, but divorce papers name me as person who initiated it. When sent copies of so called divorce not only did person impersonating me get all my info wrong i.e date of birth, social security number and the like but also signed my name wrong! I did not have nor ever applied for a passport. After 3 years in court (since 09/13) judge has referred us to a special referee. My understanding is NY does not recognize such divorces. I found all this out after I filed for divorce in 2013 but fraudulent divorce committed in 2004!

A: David’s Answer: I disagree that NY recognizes divorce judgment “from anywhere.” Indeed, the issue is one of proper jurisdiction. Ultimately proper procedure in your case would have been for husband to have filed a motion to dismiss your NY divorce, based on his submission that DR already issued a decree. For NY to recognize it, he would have the burden of proving DR had proper jurisdiction. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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