I've been married for 8 months and for at least 6, it's been broken down irretrievably. I'm from UK and my wife is from New York, we got married in New York. We have no children or property together. We're currently in the process of me getting a VISA which I plan to cancel as soon as possible. My question is, would we be able to get an uncontested divorce without me having to go there? From what I've read, one person needs to vouch that the marriage has irretrievably broken down- if I filled out the forms and sent them to her, would she be able to do this without me traveling back to New York? Or alternatively would I be able to do it in UK? We have both agreed to an uncontested divorce, it's just a matter now of figuring out the process and what's the easiest way to do it.
Answer
If she is a New York resident and has been one for at least one year you can get divorced here without ever coming here. The only hurdle you'll have to overcome is to have your signature on some documents notarized by a U.S. notary. This can be accomplished at a U.S. Consulate in the UK or at some large law firms where they have attorneys who are from the United States and who became notaries prior to going to work in the UK.
You may wish to have the divorce paperwork done by an attorney here in New York.
Answer
yes. You may file for the divorce in NY. However it would be better for you to hire an attorney to make the process smoother.
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