Question #6

Most states have residency requirements before it accepts jurisdiction over a divorce matter. A couple cannot simply select the most convenient forum to initiate a divorce proceeding. New York State, for instance, has a one-year residency requirement before it will accept jurisdiction over a divorce matter. You should consult with an attorney in the jurisdiction you prefer to see if the courts will take your matter. In any case, however, you should consult with an attorney experienced in matrimonial matters in the jurisdiction, which will determine your divorce.

Leonard M. Weiner, Esq./Divorce Solutions

Question #10

If you are living in New York State for over one year, New York will have jurisdiction over your divorce proceeding.

If you are in the New York City metropolitan area, please call me at 212-370-16602 to discuss the matter in more detail.

Leonard M. Weiner, Esq./Divorce Solution

Question #11

If both of you are in agreement and wish to divorce immediately and are not concerned that the other party will someday contest the divorce, you can try getting a divorce in Tijuana, Mexico, or try Las Vegas, Nevada.

If there will be a contest regarding marital property, however, most states will require that the matter be settled in its courts where the property is located. If there is total agreement between the parties, the property matter may be resolved in the other foreign forum as well.

Leonard M. Weiner, Esq./Divorce Solutions

Question #14

For New York to have jurisdiction over the divorce matter, a one-year residency requirement is necessary. Therefore, you are correct in stating that New York cannot serve as the jurisdiction. If both parties are agreeable, and there are no assets or children involved in New York or another state, you can both get a divorce in a state which has no residency requirement, such as Nevada or Tijuana, Mexico. New York will recognize foreign jurisdiction divorces, but will not allow assets or custody questions to be determined by such other jurisdictions. The divorce itself, however, unless contested by either party, will be recognized by the New York courts.

Leonard M. Weiner, Esq./Divorce Solutions

Question #15

If you are living in New York for over one year, you may file the divorce papers in New York. I strongly suggest that you contact your spouse and have him agree to mediate this divorce. If you are in the New York City metropolitan area, please contact me at 212-370-1660.

Leonard M. Weiner, Esq./Divorce Solutions

Question #16

Based on the information you provided, if your spouse has been living in New York for a year or more, she may file for divorce in New York. Part of the process of filing the Summons and Complaint is to serve the defendant personally. You can be served personally in Turkey or can agree to waive service. If you both cooperate and try to mediate the divorce, you will be doing yourselves a great favor, and with the proper legal guidance can achieve the non-adversarial divorce you seek.

If your spouse is located in the New York City metropolitan area, please have her contact me at 212-370-1660 to discuss the matter further.

Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

Question #17

You can counter sue for divorce as well in California, and the two suits will be heard together by the same judge. In order for a state to hear a divorce matter, it must have jurisdiction over the parties or marital property to be divided. There are specific requirements as to the length of residency of 1 or both parties, and each state is different. If you are both living in California, were married in California, have children living in California, and or have marital property in California, California would most likely be the only state that would have jurisdiction over this matter.

Leonard M. Weiner, Esq./Divorce Solutions

Question #17

To answer your question correctly, I would have to know where the marital assets are located if there are any children and where they are residing, how long you are living in the state of Florida, etc. Assuming that you have met the Florida state jurisdiction requirements, you should be able to file in Florida. If the marital assets are located in Australia, you will have to have the Florida decision recognized by the Australian courts to have them divide the marital assets accordingly. If the law of the division of marital assets in Australia is radically different from that in Florida, the likelihood of Australian courts enforcing such a Florida decision would be small.
Leonard M. Weiner, Esq./Divorce Solutions

Question #19

To answer your question correctly, I would have to know where the marital assets are located if there are any children and where they are residing, how long you are living in the state of Florida, etc. Assuming that you have met the Florida state jurisdiction requirements, you should be able to file in Florida. If the marital assets are located in Australia, you will have to have the Florida decision recognized by the Australian courts to have them divide the marital assets accordingly. If the law of the division of marital assets in Australia is radically different from that in Florida, the likelihood of Australian courts enforcing such a Florida decision would be small.
Leonard M. Weiner, Esq./Divorce Solutions

Question #22

Since you have been living in Pennsylvania for seven years and your wife has been there for six years, Pennsylvania should have jurisdiction over your divorce proceedings. Most states do not require citizenship or permanent residency to have authority over divorce matters, as long as you satisfy the residency requirements of the state, which is determined by time living in the state. Concerning the specific Pennsylvania state residency requirements, it would be best for two consults with an experienced attorney-mediator in Pennsylvania who can provide you with detailed counsel.

Leonard M. Weiner, Esq./Divorce Solutions