JURISDICTION

Oct 29, 2018

Question #98: I am a citizen of France but have immigrated to the United States and are permanent residents in the United States. My husband left me 2 years ago to go back and live in France, although he still holds permanent residence status in the United States. He filed for divorce in France and I received a letter saying that I must go to French Courts. I do not know if the french courts are aware that I am permanently residing in the US. Do the French courts have jurisdiction? If I file for divorce in the US (California), will the US court have jurisdiction, even though my husband lives in France?

Each state has its own jurisdictional requirements. In New York for example, the residency requirement in order for the state of New York to have jurisdiction is anywhere between one and two years depending on the circumstances. You should check with the courts in California to see what the residency requirement is under California law […]

Oct 29, 2018

Question #96: Question: Can my husband and I file a Separation Agreement in New York and move to another Country, and after a year or more come back to New York and file for Divorce ???. My husband and I have been married and live in NY for 35 years. I am retiring and he retired already. I plan to make my residence in Sudamerica, his plans are the same. I donÂ’t want a divorce now, I want to give my husband one more opportunity and if doesnÂ’t work I want a Divorce. If the answer to my question is NO, how can I protect myself ??? I would like to divide all our assets before I leave, my husband is collecting two pensions (Defined Benefit Pension) and Social Security. Our assets are, 401K, IRA. Stocks and a house already paid.

In order for New York to retain jurisdiction in this matter, your legal residence must be in the state of New York. If you move to the other country permanently, you lose your legal status as a New York resident, but if you move there only temporarily, you may maintain your New York resident status. […]

Oct 29, 2018

Question #94: My girlfriend was married many years ago in Bahamas. She lived with her husband for a very short period of time in which he beat her. She has police reports to prove. She had sent money to a friend in Bahamas to do the divorce and really never got anything back. We want this straightened out. How do we proceed without involving this abusive ex husband. She is away from him for many year (5+) and is a new york resident her entire life. No kids.

Since your girlfriend is living in New York for over two years, she may file for divorce in New York. Her husband must be served, or at least a serious attempt to find his present whereabouts must be made, before you can proceed with the divorce. If she is living in the New York City […]

Oct 29, 2018

Question #88: A man, who is married in NY, gets a foreign divorce and marries someone else in NY. Can his first wife go to court, in NY, and get this divorce invalidated? Is this man committing adultry?

Generally, the courts in NY recognize decisions made in other jurisdictions, subject to proper notice to all the parties and the fairness and equity which results from the decision. A lot will have to do with the actual jurisdiction in which the decision was made and whether the decision would have been dramatically different had […]

Oct 29, 2018

Question #85: Great web site.Sure to get lots of prayers from the sufferers of once holly/now hell marriages. Here is my question: My wife and I are foreign nationals, OR residents. While she was abroad for more than a year she has filed for divorce in our original home country.The case is under progress.Now she is back in OR and has gotten “a petition for seperation” issued as well as a “Groundless, restraining order” put in place. She got the petition served to me by tricking me into seeing our little kid scam. Can she file for this or do anything else legally while her original filing for divorce is in place and followed up by her local attorney abroad? She did do it right after she got back into the States after an absence of more than a year. Of course all she is trying to do is to hurt me in anyway she can.THANKS A LOT IN ADVANCE AND GOD BLESS FOR THIS SITE.

If the state of Oregon recognizes the foreign court as having a legitimate right to jurisdiction over the proceedings, then OR should defer the matter to the foreign court since it was filed there prior to the case in OR. You must consult with an experienced matrimonial attorney in your area to determine whether in […]

Oct 29, 2018

Question #77: My wife and I filed for divorce back in 1985 in NYC. I signed the papers but somehow her Lawyer never filed the divorce. We found this out 2 years ago when she try to get married again. We have no children and we agree to have a separate life. We were married for only two years. I live in GA., Can I file for divorce from GA?

Before you commence a new case in GA, you must be certain that no case was filed in New York. You must have someone search in the county clerk’s office of the borough in which you lived for a file in your name vs. your spouses name filed sometime in 1985. Once you’ve determined that […]

Oct 29, 2018

Question #76: I am currently living in Virginia but my home of record is New York. If I got married in the State of Virginia could I get a divorce under New York law? If I can is there any criteria that I would have to meet to do so?

In order to file for divorce in New York, at least one of you must be a resident of New York for at least one year and the grounds upon which you are divorcing took place in New York, both of you are residents of New York for at least one year, or one of […]

Oct 29, 2018

Question #72: I am a resident of New York state, and was married in Georgia 4 months ago, can I get an annulment in New York state or will I have to go through Georgia? Thanks

If you are a resident of New York State and have been living here for over two years, you should file in New York State, which will have jurisdiction over the matter. The question whether you qualify for an annulment or divorce, however, is a matter that must be discussed with an attorney. If you […]

Oct 29, 2018

Question #71: My wife have been married for 4 years. We married in NY and lived there for 2.5 years. We then bought a house in NJ where we’ve lived for 1.5 years but I”ve continued to work in NY. We have a 4 year-old daughter. I have a high school education and have worked at the same job for 10 years and make about $80k/yr. She has a BA in business and worked for a year and a half making about $40k/yr but then stopped work to pursue a second degree to become an RN. She now goes to school full-time and works part-time making about $1600 net a month. I want to get a divorce and my questions are this: 1. If I wait another year to separate so she can finish school, will I be forced to pay more alimony because I’ve set a pattern of paying all the bills, or will the court take into consideration that she now has plenty of work opportunities with her degrees? 2. When I leave her I intend to move back to NY. Where do I file my separation and do I have to make a separation agreement with her prior to leaving? How long do I have to wait to file for a divorce? 3. To what extent does she get any proceeds from my sizeable 401k? Does she keep on getting entitled to more of it during the separation? 4. Will my child support payments be reduced once she returns to the workforce? 5. I believe she has money saved in a separate account or in her parents’ name. What can I do about this and will it affect distribution of our property? 6. I want her to continue to live in the house with my daughter but will I be required to continue paying the mortgage, car-insurance, credit cards, utilities, etc? Thanks in advance for your help!

If you’re both living in New Jersey for over one year, New York will not have jurisdiction. one of the parties must be living in New York State for over a year to file in New York. I strongly suggest that you consider mediating your divorce rather than litigating it in court, which will cost […]

Oct 29, 2018

Question #68: My husband & I married in Hyde Park, NY and his permentant address is Seneca Falls, NY. He is active duty military and we reside in Washington, D.C. (where my permenant address is located). Because of our military situation, where do we file for seperation and divorce?

Depending on how long you have been living in Washington, D. C., you can file either in NY of Washington, DC. I strongly suggest you mediate rather than litigate your divorce. Please call me at 212-370-1660 to discuss. Leonard M. Weiner, Esq./Divorce Solutions

LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

Question #88: A man, who is married in NY, gets a foreign divorce and marries someone else in NY. Can his first wife go to court, in NY, and get this divorce invalidated? Is this man committing adultry?

Question #76: I am currently living in Virginia but my home of record is New York. If I got married in the State of Virginia could I get a divorce under New York law? If I can is there any criteria that I would have to meet to do so?

Question #72: I am a resident of New York state, and was married in Georgia 4 months ago, can I get an annulment in New York state or will I have to go through Georgia? Thanks

Question #68: My husband & I married in Hyde Park, NY and his permentant address is Seneca Falls, NY. He is active duty military and we reside in Washington, D.C. (where my permenant address is located). Because of our military situation, where do we file for seperation and divorce?