Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MISCELLANEOUS

Question #19:


I don't think you are able to help me. I have a restraining order against

my husband and we have been separated for almost a year. We both live in

Washington state but he is from NY and is flying back there this week. I

believe he is going to try and file divorce there with the help of his

family, who aren't entirely honest people. I have had to hold off on the divorce because of immigration issues. I am from Canada and am self-petitioning. He does not see the kids, or pay child support. If i had my

way he could just stay in NY. I was just wondering how I defend myself if

he files there. I don't think mediation is the answer for us. If you can

help in any way further, and can refer me to someone who can, I would

appreciate it though. Thank you very much for your help.


Oh and his girlfriend is pregnant and he wants the divorce done quickly and

in the state of Washington its a minimum 92 days then proceedings. So I

think that's why he is doing it out there. Again, Thank you for your help.



Answer:




Answer:


If you're both living in the state of Washington for over a year

and the grounds for the divorce did not take place in New York State,

New York State will not have jurisdiction over the matter and he should not

be able to file the divorce papers in New York State. If he does file it in New York,

you will be able to appeal on jurisdictional grounds.


In any case, he has to serve you with a summons and complaint

and you will be notified by personal service in such event.


If you wish to proceed with the case in New York, please call me at 212-370-1660.



Leonard M. Weiner, Esq./Divorce Solutions
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