New York Cross-Border Marital Dissolution: Legal Process and Governing Law

In New York, the applicable law is determined under principles of comity and choice-of-law doctrines. When courts must decide which jurisdiction's law to apply, they typically follow these steps:

• If both parties are from the same country, that country's law often governs.
• If the spouses reside in the same location (habitual residence), local law applies.
• If neither condition is met, the law of the jurisdiction with the closest connection to the marriage (such as where they resided the longest or where children were born) is considered.

For New York residents, the New York Domestic Relations Law typically applies unless there’s a compelling reason to apply foreign law—such as a valid prenuptial agreement specifying another jurisdiction.

• A Korean-American couple living in New York who married abroad will generally be governed by New York law.
• Two non-citizens residing in New York, such as a German and an Argentine spouse, can also divorce under New York law.
• If neither party resides in New York but property or children are located here, the courts may still assume jurisdiction under certain conditions.

If both parties agree to divorce and at least one spouse has lived in New York for at least one year, the divorce can proceed in the state. The filing spouse must submit the divorce paperwork to the county Supreme Court.

Where one spouse resides abroad, a mediated resolution may still be filed in New York if the other spouse meets the residency requirement. This method reduces litigation and is especially helpful where international travel is limited.

In cases of contested divorces, the court must assess jurisdiction carefully:

• If the marriage primarily occurred in another country and neither party has substantial ties to New York, the court may decline jurisdiction.
• However, if significant marital property is located in New York, or if one spouse has lived here continuously for over a year, the court is likely to accept the case.

Cases involving abandonment, missing spouses, or unilateral separation often rely on evidence of residency and marital ties to New York to establish valid grounds for proceeding locally.

New York uses equitable distribution, meaning property is divided fairly—not necessarily equally—based on contributions, financial need, and future earning potential. However, the applicable law may differ if foreign laws apply under choice-of-law principles.

Below is a simplified illustration of governing law determination:

If New York law governs, the claim for equitable distribution must be brought within the divorce proceeding or within a statutory timeframe afterward (typically within 3 years of judgment if no waiver is made).

Legal counsel can help with the following:

• Determining jurisdictional validity under NY CPLR § 302.
• Translating and validating foreign marriage and divorce records.
• Locating spouses abroad and ensuring lawful service.
• Handling international property tracing and valuation.
• Advising on recognition and enforcement of foreign divorce judgments.

Whether through negotiation, mediation, or trial, effective representation ensures all procedural and substantive rights are preserved across borders.