How do I divorce my spouse who is in Puerto Rico where we lived?
Full Question:
Answer:
Removing a spouse from an accident policy is governed by contract law principles. I suggest you call the insurer regarding terms for removing an insured. The answer will depend on the facts involved such as co-ownership of the car, etc. more than marital status. A person is still considered married despite a legal separation. A legal separation is primarily used for the parties to agree to terms of a split, such as property division, liability for debts, custody, and other matters when the couple isn't prepared to divorce.
Residence of one spouse for one or two years in New York is required to file for legal separation in that state. A judgement of legal separation may be obtained in the State of New York on the following grounds:
>1. Cruel and inhuman treatment;
2. Abandonment;
3. Neglect or refusal to provide support;
4. Adultery, or;
5. Imprisonment for three years or longer.
The following are NY statutes:
§ 230. Required residence of parties. An action to annul a marriage,
or to declare the nullity of a void marriage, or for divorce or
separation may be maintained only when:
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.
§ 200. Action for separation. An action may be maintained by a husband
or wife against the other party to the marriage to procure a judgment
separating the parties from bed and board, forever, or for a limited
time, for any of the following causes:
1. The cruel and inhuman treatment of the plaintiff by the defendant
such that the conduct of the defendant so endangers the physical or
mental well being of the plaintiff as renders it unsafe or improper for
the plaintiff to cohabit with the defendant.
2. The abandonment of the plaintiff by the defendant.
3. The neglect or refusal of the defendant-spouse to provide for the
support of the plaintiff-spouse where the defendant-spouse is chargeable
with such support under the provisions of section thirty-two of this
chapter or of section four hundred twelve of the family court act.
4. The commission of an act of adultery by the defendant; except where
such offense is committed by the procurement or with the connivance of
the plaintiff or where there is voluntary cohabitation of the parties
with the knowledge of the offense or where action was not commenced
within five years after the discovery by the plaintiff of the offense
charged or where the plaintiff has also been guilty of adultery under
such circumstances that the defendant would have been entitled, if
innocent, to a divorce, provided that adultery for the purposes of this
subdivision is hereby defined as the commission of an act of sexual
intercourse, oral sexual conduct or anal sexual conduct, voluntarily
performed by the defendant, with a person other than the plaintiff after
the marriage of plaintiff and defendant. Oral sexual conduct and anal
sexual conduct include, but are not limited to, sexual conduct as
defined in subdivision two of section 130.00 and subdivision three of
section 130.20 of the penal law.
5. The confinement of the defendant in prison for a period of three or
more consecutive years after the marriage of plaintiff and defendant.
§ 170. Action for divorce. An action for divorce may be maintained by
a husband or wife to procure a judgment divorcing the parties and
dissolving the marriage on any of the following grounds:
(1) The cruel and inhuman treatment of the plaintiff by the defendant
such that the conduct of the defendant so endangers the physical or
mental well being of the plaintiff as renders it unsafe or improper for
the plaintiff to cohabit with the defendant.
(2) The abandonment of the plaintiff by the defendant for a period of
one or more years.
(3) The confinement of the defendant in prison for a period of three
or more consecutive years after the marriage of plaintiff and defendant.
(4) The commission of an act of adultery, provided that adultery for
the purposes of articles ten, eleven, and eleven-A of this chapter, is
hereby defined as the commission of an act of sexual intercourse, oral
sexual conduct or anal sexual conduct, voluntarily performed by the
defendant, with a person other than the plaintiff after the marriage of
plaintiff and defendant. Oral sexual conduct and anal sexual conduct
include, but are not limited to, sexual conduct as defined in
subdivision two of section 130.00 and subdivision three of section
130.20 of the penal law.
(5) The husband and wife have lived apart pursuant to a decree or
judgment of separation for a period of one or more years after the
granting of such decree or judgment, and satisfactory proof has been
submitted by the plaintiff that he or she has substantially performed
all the terms and conditions of such decree or judgment.
(6) The husband and wife have lived separate and apart pursuant to a
written agreement of separation, subscribed by the parties thereto and
acknowledged or proved in the form required to entitle a deed to be
recorded, for a period of one or more years after the execution of such
agreement and satisfactory proof has been submitted by the plaintiff
that he or she has substantially performed all the terms and conditions
of such agreement. Such agreement shall be filed in the office of the
clerk of the county wherein either party resides. In lieu of filing such
agreement, either party to such agreement may file a memorandum of such
agreement, which memorandum shall be similarly subscribed and
acknowledged or proved as was the agreement of separation and shall
contain the following information:
(a) the names and addresses of each
of the parties,
(b) the date of marriage of the parties,
(c) the date of
the agreement of separation and
(d) the date of this subscription and
acknowledgment or proof of such agreement of separation.
