Question #55

SEPARATION and DIVORCE I live in NY, and my husband and I have been living apart now for a month (we no longer want to remain married), we went to family court because we have a child. I tried to get child support and spousal maintenance, and to get the custody issue out of the way. I got the custody and spousal support, and we now share joint custody. My question is: do we still have to file anything else with the court before we can get divorced? Like a separation agreement, or does the family court decision pretty much take care of everything? I want to get a divorce as quickly as possible and be able to move to another state with my daughter.

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Question #57

FOREIGN DIVORCE I am a Japanese citizen who was married to an American citizen. We got married in Japan 6 years ago, registered in Japan first then registered at city hall in New York as well afterward. With mutual agreement, we filed for divorce last year in Japan since I resided in Japan already after a year of separation. In Japan, we can do uncontested divorce, just us signing a sheet of paper without a lawyer when there’s no children or assets. My question is, even I have a Japanese divorce paper notarized by the US Embassy, do I still have to get divorced in New York since we were registered in New York as well? I found out later that our registration of marriage in New York wasn’t necessary since we were already married in Japan through the US Embassy. For your information, I live in Japan now, and my ex lives in New York. Are we still married under New York law? If we are, can we just send NY City Clerk a letter that we are divorced in Japan with proof of Japanese divorce paper? Please give me any advice. Thank you very much.

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