Desertion in foreign country and Legal options (Child support, Divorce etc)

You can file a divorce action in New York, if both of you are living in New York at the time of the action and the cause of action occurred while living in New York. This means that you have to live here for six months if you are using the irretreivable breakdown of the marriage grounds. However, if he moves to the United States, you can file petition for child and spousal support in the county of the State he is residing in. You can do this even if you remain living outside the United States. In Support cases, you an usually be granted permission to testify by telephone. In divorce cases, you must appear in court. The above applies to New York Cases. You should seek a consultation with an experienced divorce/child support attorney.

You may be able to sue for child support, but cannot sue for divorce without establishing residency (which usually entails residing in NY for 1+ years). Call a NYC Divorce attorney for more info.