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

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #131:
I am about to be served with divorce papers. My husband and I were married in Brevard County, Florida. He is originally from Monroe County, New York. He is a Florida resident. We moved to Rochester in December 2006 and I left in January 2007 because of his temper and physical nature. He has filed for divorce in monroe county. What are my rights, are they Florida laws, or New York laws. We also sold a vehicle that belonged to myself and was only in my name and purchased a new vehicle in his name. Am i entitled to ask the court for alimony or some kind of arrangement for him to get me a vehicle for transportation so that i have a means to work. I am not working and havent much since I have been in Florida for the reason of a vehicle. I am living with my sister and her family and I believe it would be most helpful if there is any advise that you can give me before I sign the divorce papers. I believe it should have been my husbands responsibility to help me out financially as the reason I left New York was for the abuse. While in Florida i have called the police several times for domestic violence but i dropped the charges. Can you please help in any way?

Answer:


If your husband filed in the New York State , you will be subject to New York state laws. However , if he is a resident of Florida , and has been living there for over a year, and you are living outside of New York as well, New York should refuse jurisdiction of this matter. Based on information you provided, it seems that Florida would be the proper jurisdiction, not New York.

With regard to the vehicle, as well as any other assets that were acquired during the course of the marriage, you should have an approximately 50 percent interest in such assets.

With regard to spousal support, if your husband has been supporting you during the course of your marriage and you are not gainfully employed or are not capable of being employed presently, the court will generally provide you with some spousal support , and the request that an automobile be included in such support should be requested at such time from the court.

I strongly suggest you contact , an attorney-mediator, experience in matrimonial matters in your jurisdiction , who can help you go to resolve these matters so that you will not have to go to court and incur major legal bills and emotional stress.



Leonard M. Weiner, Esq./Divorce Solutions
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