LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Question #37

What does it take for NYS to have jurisdiction over my divorce? 

Under Section 230 of the New York Domestic Relations Law (D. R. L.) for the court to maintain a divorce proceeding:

1) the parties had to have been married in the state, and either party is a resident in the state when the action is commenced and has been a resident for a continuous period of 1 year immediately preceding, or 2) the parties have resided in the state as husband and wife, and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of 1 year immediately preceding 3) or the cause occurred in the state, and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4) the cause occurred in the state, and both parties are residents thereof at the time of the start of the action, or 5) either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Based on the above statute, and the information you provided, you do not appear to qualify under the first provision. Under the second provision, both you and your husband had to have been residents in the State of New York, and either party is a resident now when you will begin the action for divorce and has been a resident for a continuous period of 1 year immediately preceding the action. Under paragraph 3, if the cause of the divorce took place in New York and either has been a resident for a continuous period of at least one year immediately preceding the commencement of the action for divorce.

Under paragraph 5, the cause of the divorce must have occurred in the State of New York, and both parties are residence at the time of the commencement of the action for divorce. The fifth provision requires that either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action for divorce.

To accurately determine whether you qualify under this statute, and to properly advise you regarding how to proceed with the divorce, I strongly recommend that you give me a call at Divorce Solutions, (212) 370-1669. Divorce Solutions can mean the difference between an amicable resolution of the outstanding issues toward getting a divorce, or a lengthy, emotionally draining, and prolonged and financially ruinous litigation. It is up to you.

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