overseas divorce

[jarred]

I was married in New York. I am a U.S. citizen by birth. My wife and I have been seperated for three years. I am considering filing for divorce but I know she doesn't want one. I was told if I went overseas to the Dominican Repubic I can get a divorce faster and without her consent. My question is if this is true would that divorce be valid here in the U.S. and would I have to file those papers here in New York in order for the divorce to be recognized?

[Edited by jarred on 03-10-2001 at 12:54 AM]

 

[dorenephilpot]

I'm an Indiana lawyer, and I can only answer in terms of Indiana law. With that in mind:

You don't have to have her "permission" to get a divorce. There's no need to go overseas to do it without her blessing.

If she's not cooperative, the court will set hearing dates. If she got notice but doesn't show, she can be found in contempt. People who spend a weekend in jail or have to pay a hefty fine for contempt of court suddenly tend to become MUCH more cooperative.

Talk to a lawyer about handling the divorce because you might have some pain-in-the-patootie notice requirements that he or she will have to deal with if your wife is balking at a divorce and likely to "pretend" she didn't get the paperwork.