Need advice on steps to take to start divorce procedures for the second time

[Guest_3125678]

I'm an US citizen working in Germany, wife is living in the Florida, we were married in New York. We have been separated since 2007. We both had agreed that we should get divorce. In 2009 I sent her money to file all the paperwork. She started the process but did not finish it up, she missed a few court days. After some amount of time the court closed the case. I now want to try to do it on my end, should I go through NY or FL courts? We have no kids and no property. Please he advice me on how to get this started and finalized. Thanks

[AFFA]

I wish to inform you that you may file a case for divorce in the County Court where you wife is resident presently in Florida. You may contact the office of the Clerk of Court and seek further guidance in the matter.

AFF

[Friend In Court]

Originally Posted by DJDonchino I'm an US citizen working in Germany, wife is living in the Florida, we were married in New York. We have been separated since 2007. We both had agreed that we should get divorce. In 2009 I sent her money to file all the paperwork. She started the process but did not finish it up, she missed a few court days. After some amount of time the court closed the case. I now want to try to do it on my end, should I go through NY or FL courts? We have no kids and no property. Please he advice me on how to get this started and finalized. Thanks

You may not file in Florida because you are not a resident of Florida -- a requirement that you be able to prove you have been a Florida resident for at least one year before being eligible to file for divorce in that state. Residency must be proved by sworn affidavit of a Florida resident and/or state issued identification like a driver's license.

Ditto for New York having residency laws as well before being eligible to avail themself of its divorce laws as all the states have. The shortest time period for residency is Nevada, but that would necessitate your traveling back to the U.S. and remaining in Nevada long enough to be able to file.

So you would have to file in Germany and mail her the papers to sign.

[Guest_3125678]

Sorry I forgot to mention that I'm a resident of NY but working in Germany on the SOFA agreement. Are you saying I should file for divorce under the German system? I doubt I can. How can I get this divorce done without flying back to the states? Thanks in advance

[Friend In Court]

As long as you are a resident of New York, you can file in New York and avail yourself of NY laws and their court system.

You can be represented by counsel or if the divorce is uncontested, there are no issues to be litigated, a stipulation can be entered into by the parties and the decree entered. My recommendation is that you contact a New York family law attorney and have him or her prepare the petition, any settlement agreement and obtain the decree for you.