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Matrimonial Jurisdiction for Legal and Illegal Aliens

Many divorce attorneys in Buffalo overlook the legal services that may be rendered to aliens in matrimonial situations. An alien is a non-citizen who is physically present in the U.S. without regard to his or her immigration status, and may be here lawfully or unlawfully. Nationally, there are millions. These aliens can now have access to New York State Courts for matrimonial actions.

New York Courts now consider immigration status as only one factor among many when evaluating jurisdiction. They explore the various relationships between the parties and the State, including but not limited to the marital residence, personal interests and marital affairs of the parties, even when residence and perhaps "domicile" remain in another country.

If a married woman dwells within New York State when she commences an action for divorce in Buffalo, she is deemed a resident thereof, providing the statutory jurisdiction requirements are met. Another common problem frequently facing divorced aliens, and who marry in the United States, is that the Immigration Service may not recognize that person's prior divorce. In those situations, the lawyer can institute a new divorce action in the State of New York. In situations where both of the spouses are in the United States as aliens and matrimonial difficulties arise, New York is the proper forum for a divorce action if the jurisdictional statutory requirements are met.

Because alien status does not necessarily impute a lack of sufficient ties to confer jurisdiction, aliens have access to New York State Courts.  These aliens can have their matrimonial and divorce law needs entertained without having to travel to their former homelands. The term "residence" under the Domestic Relations Law has a more expanded meaning than it had in the past, and should not be overlooked.

Venzon Law Firm - Divorce Attorneys in Buffalo

(716) 462-6585