Can I File For Divorce In The US (NY) Even If My Wife Lives In Another Country (Honduras)

Q: I married in Honduras and my wife has remained there since. We had a child a year before we married. Our child was born in Honduras. I was born in Honduras but became a naturalized citizen in my teens.

A: David’s Answer: You can file in NY (assuming you meet the residency requirement). However, you may have issues establishing proper jurisdiction over her as Honduras is not a signatory on the Hague Convention permitting U.S. service on a resident there. You should schedule a consultation with a NYC Family Law attorney for a full assessment.