I am an Brazilian citizen and married to an American citizen. Last year while visiting my BF, he proposed and we spontaneously got married. Not long after, we realized we had rushed into things and decided to get divorced. I live in Brazil and he is a NY resident. I would like to know which ground would be more appropriate for us file the divorce and do we need a legal document to state that we've been separated or just the proof that we're in different countries enough?
The same way a citizen gets divorced. Your husband is a citizen of the United States and a resident of New York, correct? Then he has to file for divorce based upon the New York Domestic Relations Law. The issue is that the court must have jurisdiction over YOU in order for them to be able to make a decision as to your marriage. If the divorce is "uncontested" the court allows the uncontesting party to admit service of the petition for divorce and to waive the right to file an answer and to submit themselves to the "jurisdiction" of the court. This will allow the matter to proceed through the divorce process. Seek legal help in New York on getting this all done. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.