Latham, NY Divorce Law Firms & Lawyers

If he owned the house prior to the marriage it is not marital property subject to division in a divorce, except under very unusual circumstances. whether those circumstances exist in your case is something you should discuss in detail with a local attorney.

First, go into the state bar website and look him up. If he moved, his new address will be listed. If you still can't find him, file a request for order with the court and request that he be removed from the case and that you proceed in pro per. If you get a lawyer, then the lawyer handles it.

In order to file for divorce in New York, you must satisfy the jurisdictional requirement which is the following: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or 5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. So as long as one of the above is satisfied, then you will be able to file for divorce in New York State.