If you are from Poland and are thinking of filing for divorce in Brooklyn, New York, the Elliot Green Law Offices is a divorce law firm serving those who may need assistance with their Polish divorce. Why might a Polish divorce be more complex than the regular divorce filing process? Divorce, when one party lives abroad, moves abroad, or when both parties are not considered residents of Brooklyn can be more complicated. In order to file for divorce in Brooklyn, New York, the individual who is filing for divorce must meet New York state residency requirements.
How do individuals meet the New York state residency requirements? According to the New York State Unified Court System, the individual filing for divorce, or his or her spouse, must have been living in New York state for at least two years before filing for divorce, if you and your spouse were not married in New York or if the couple didn’t live in the state as a married couple. If you lived in the state as a married couple or got married in New York state, you must have lived in New York for at least one year before filing for divorce to meet New York’s residency requirements. If both parties are considered residents of New York state and the grounds for the divorce happened in New York state, then both parties may be able to file for divorce right away.
Do you have questions about whether you meet New York state’s residency requirements for your New York divorce? Do you have questions about how your divorce will be impacted if one party lives in Poland? Reach out to the Elliot Green Law Offices, a divorce lawyer serving those who may need assistance with their Polish divorce.
International Custody Disputes: Polish Divorce
Determining child custody can be more complicated when one parent lives abroad. For example, you might wonder what your rights might be if one parent takes your children to Poland. Which country’s laws would apply in this custody dispute? According to the National Law Review, the Hague Convention on the Civil Aspects of Child Abduction, provides for the return of a child to his or her country of “habitual residence” if a parent removes the child from his or her country of residence. So, this means that if your children resided in New York, and your spouse unilaterally (without your consent) removed your child from New York and took them to Poland, under the Hague Convention on the Civil Aspects of Child Abduction, your child may be returned to New York and your former spouse could potentially face child abduction charges. Furthermore, under the Hague Convention, the laws of the child’s “habitual residence” should apply for child custody matters.
International custody disputes can be incredibly complex legal matters. The divorce lawyers at the Elliot Green Law Offices in Brooklyn, New York can help you with various aspects of your Polish divorce, from navigating international custody disputes to understanding residency requirements and filing requirements. Contact our divorce lawyers today to learn more.