• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What's the QUICKEST, FASTEST way possible to get a finalized divorce in New York?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jcs

Junior Member
What is the name of your state (only U.S. law)? New York, Virginia


Hi, currently living in Virginia as active duty Army, previously lived in and Was married in New York, have no kids, no house together, etc., i just want a finalized divorce, however is the quickest, if lawyer needed fine, idc how, just want it finalized asap!
 


P

Proserpina

Senior Member
jcs said:
What is the name of your state (only U.S. law)? New York, Virginia


Hi, currently living in Virginia as active duty Army, previously lived in and Was married in New York, have no kids, no house together, etc., i just want a finalized divorce, however is the quickest, if lawyer needed fine, idc how, just want it finalized asap!
Click to expand...
The quickest way may be for both of you to file a stipulation with the court.

How long have you been in VA?
 
LdiJ

LdiJ

Senior Member
Proserpina said:
The quickest way may be for both of you to file a stipulation with the court.

How long have you been in VA?
Click to expand...
I believe that both NY (know for sure) and VA require a year's separation in order to get a no-fault divorce.

However, if there a "grounds" it can be done faster in NY, not sure about VA.
 
Y

You Are Guilty

Senior Member
Although I doubt this is anything you would be interested in, technically, it is the answer to your question:
http://www.nypost.com/p/news/regional/item_sVryabK7RBjBb5mXXdw39H


Barring that, here is a list of the NY forms you would need:
http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml

At only 6 months in VA, I "think" you would have to file in NY, but take that with a shaker of salt - I have not confirmed VA's law on the issue.
 
M

mistoffolees

Senior Member
You Are Guilty said:
At only 6 months in VA, I "think" you would have to file in NY, but take that with a shaker of salt - I have not confirmed VA's law on the issue.
Click to expand...
That is not correct for 2 reasons:

1. OP is now a VA resident. He can file in VA since he's met the VA residency requirements.

2. OP no longer has the ability to file in NY. He would have had to file in NY before he left for it to be valid.

His stbx CAN file in NY assuming that she still lives there.

The quickest way to do this would be for them to have filed a year ago. ;-)

Barring that, I believe the quickest thing will be to file for a divorce in either state (him if it's VA or her if it's NY) with fault based grounds. The most likely grounds are slightly different, but basically involve 'cruelty'). So she files in NY on the basis of cruel and inhuman treatment or he files in VA on the basis of cruelty.

Which to choose? If there marital assets to divide or custody issues, I'd go with NY. If not, it's simply a matter of seeing which one has the shortest backlog (possibly calling the court clerk or consulting briefly with an attorney in each state).
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
That is not correct for 2 reasons:

1. OP is now a VA resident. He can file in VA since he's met the VA residency requirements.

2. OP no longer has the ability to file in NY. He would have had to file in NY before he left for it to be valid.

His stbx CAN file in NY assuming that she still lives there.

The quickest way to do this would be for them to have filed a year ago. ;-)

Barring that, I believe the quickest thing will be to file for a divorce in either state (him if it's VA or her if it's NY) with fault based grounds. The most likely grounds are slightly different, but basically involve 'cruelty'). So she files in NY on the basis of cruel and inhuman treatment or he files in VA on the basis of cruelty.

Which to choose? If there marital assets to divide or custody issues, I'd go with NY. If not, it's simply a matter of seeing which one has the shortest backlog (possibly calling the court clerk or consulting briefly with an attorney in each state).
Click to expand...
If he maintains NY as his home state of residence for military purposes, and he meets the physical residency requirement in VA, then he could file in either state. That's just a little quirk when someone is military.

Of course, there is also the option of the Guam divorce.
 
Last edited:
M

mistoffolees

Senior Member
LdiJ said:
If he maintains NY as his home state of residence for military purposes, and he meets the physical residency requirement in VA, then he could file in either state. That's just a little quirk when someone is military.

Of course, there is also the option of the Guam divorce.
Click to expand...
Absolutely. I discounted that because he said he 'previously lived in' NY, but I guess it is possible.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top