International Divorce Lawyer New York, NY
You married outside the United States. You built a life in New York — a career, a home, children in school. Now your marriage is ending, and your spouse has returned to the country where you were married, taking part of your family’s savings. You are wondering whether a New York court can divide assets held abroad, whether a custody order issued here will be recognized overseas, and how to even serve divorce papers on someone who is no longer in the United States. An international divorce brings a layer of complexity that a purely domestic divorce does not. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team concentrate on family law matters that cross national borders. Mr. Sris personally guides each international divorce case, drawing on multi-state admission and experience coordinating with counsel in foreign jurisdictions when needed. If you are facing a divorce with international elements in New York, you can reach the firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What International Divorce Means in New York County, New York
An international divorce in New York is a matrimonial action in which at least one spouse has a connection to a foreign country. That connection can take many forms: the marriage took place abroad, one spouse is a citizen or resident of another country, the couple owns real estate or business interests outside the United States, or a prior foreign divorce decree needs to be enforced or attacked in a New York court. New York’s courts are accustomed to handling these cases. The New York Supreme Court, located at 60 Centre Street in Manhattan, has original jurisdiction over divorce actions and regularly hears matters involving parties with ties to South Asia, Latin America, Europe, and the Middle East. Mr. Sris and his Of Counsel appear in the five boroughs — New York County, Kings County, Queens County, Bronx County, and Richmond County — as well as Long Island and Westchester County, helping clients navigate the intersection of local family law and foreign legal systems.
Because New York is an equitable distribution state, all marital property — wherever it is located — is subject to division if the court has personal jurisdiction over the parties. The court can order the transfer of title to property abroad, although enforcing that order may require a parallel proceeding in the foreign country. The recognition of a foreign marriage or divorce decree is governed by the doctrine of comity; a divorce obtained in a foreign country is generally recognized in New York if the foreign court had jurisdiction and the procedures were fundamentally fair. A marriage validly contracted in another jurisdiction is presumptively recognized under the lex loci celebrationis doctrine. These principles mean that factual details — where each spouse resides, which country’s court first assumed jurisdiction, whether a foreign decree is final — can control the outcome of a New York international divorce.
How Mr. Sris and His Of Counsel Handle International Divorce Cases
An international divorce often begins with a threshold question: does a New York court have jurisdiction to dissolve this marriage? Under New York Domestic Relations Law § 170, the court may grant a divorce on the ground of irretrievable breakdown of the relationship for at least six months, provided one spouse meets New York’s residency requirement. If the other spouse is abroad, service of process must comply with the Hague Service Convention or, where the Convention does not apply, with alternative methods permitted by New York law. Mr. Sris and his Of Counsel identify the proper service mechanism early, whether through the foreign country’s central authority, letters rogatory, or an order for service by publication when the defendant cannot be located.
Once jurisdiction is secure, the focus shifts to the financial and custodial matters. Cross-border asset division requires a precise understanding of what property exists, where it is held, and which legal system governs it. The team coordinates with foreign attorneys — often in India, Colombia, and European Union countries — to locate assets, obtain valuations, and advise on whether a New York judgment will be enforceable in the foreign jurisdiction. For families with children, custody and visitation orders must account for the risk of international relocation. Because India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, a custody order issued by a New York court may not be automatically enforced there, making preventive legal measures in the United States all the more important. Throughout the case, Mr. Sris and his Of Counsel work to structure a comprehensive settlement where possible, and to build a record for trial when settlement is not achievable.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is a native speaker of Tamil and has accepted referrals from officials at Indian consular missions for legal matters involving Indian nationals, giving him an intimate understanding of the concerns that arise when a divorce implicates Indian family law and customs.
Mr. Sris is supported by a team of Of Counsel attorneys engaged through Excella, who together bring over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results across all practice areas since its founding. Every international divorce matter is handled with direct involvement from Mr. Sris, ensuring that legal strategy is coordinated across the jurisdictions that affect the case.
Frequently Asked Questions
What is an international divorce in New York?
An international divorce in New York is a divorce involving at least one party with a connection to a foreign country. The marital home may be in New York while assets, spouses, or prior court orders are in another country. New York courts have jurisdiction if one spouse meets the residency requirement and the marriage has irretrievably broken down for six months. The case may require serving papers abroad, proving foreign law, and coordinating with counsel in the other jurisdiction to address property division, spousal maintenance, and child custody across borders.
Do I need a lawyer for an international divorce in New York?
You are not legally required to retain an attorney, but an international divorce raises complex issues that are difficult to handle without experienced legal help. Service of process on a spouse abroad must comply with international treaties. Property located overseas may be subject to foreign ownership restrictions. A custody order that works in New York may not be honored in a non-Hague country. Mr. Sris and his Of Counsel help clients navigate these problems by structuring the New York case with an eye toward enforceability in the relevant foreign jurisdiction.
How is property divided in an international divorce in New York?
New York follows the equitable distribution rule: all marital property is divided fairly, not necessarily equally, wherever the property is located. The court can order the transfer of foreign assets but may be unable to enforce that order directly abroad. In practice, this often leads to negotiated settlements that account for what is realistically recoverable. Mr. Sris and his Of Counsel work with foreign legal professionals to identify assets and evaluate enforcement options before a final judgment is entered.
What if my spouse lives in another country?
You can still obtain a New York divorce if you meet the residency requirement and the court has jurisdiction. The main challenge is serving your spouse with the divorce papers. If the spouse’s country is a party to the Hague Service Convention, service is routed through that country’s central authority. Otherwise, New York permits alternative service by court order, including service by publication when the spouse’s location is unknown. Mr. Sris and his Of Counsel determine the appropriate method based on the facts of each case.
How does child custody work in an international divorce?
A New York court will decide custody based on the best interests of the child, but that order may not be automatically enforceable in another country. India, for example, is not a signatory to the 1980 Hague Abduction Convention, so a New York custody decree may not be recognized there. To reduce risk, Mr. Sris and his Of Counsel often secure orders that restrict international travel and require the deposit of passports with the court, while simultaneously working to obtain a parallel custody order in the foreign country where the child might be taken.
Will a foreign divorce decree be recognized in New York?
A foreign divorce decree is generally recognized in New York if the foreign court had jurisdiction and the proceedings were fundamentally fair. This is based on the principle of comity. However, a spouse may challenge the foreign decree by showing that the foreign court lacked subject-matter jurisdiction, that proper notice was not given, or that the decree was obtained through fraud. Mr. Sris and his Of Counsel evaluate the validity of existing foreign decrees and, when necessary, bring or defend actions for recognition or non-recognition in New York courts.
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New York Divorce Lawyer ·
New York Child Custody Lawyer ·
New York Spousal Support Lawyer ·
Enforcement of Foreign Divorce Decrees ·
New York Separation Agreement Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Mr. Sris is responsible for this advertising. Law Offices Of SRIS, P.C. is a debt relief agency as defined by federal law; the firm helps people file for bankruptcy relief. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information on this site is for general information purposes only and does not constitute legal advice. Consult an attorney for advice regarding your individual situation. Our New York location is at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, and consultations are by appointment only. Phone: (888) 437-7747. © 1997–2026 Law Offices Of SRIS, P.C. Last reviewed: June 2026.