Divorce Solutions

Question #6

Up until March of this year, I lived in VA. I moved to NY in the middle of March, and was married at the end of March to a NY resident. We were married in Nevada. 1. Although I haven’t met the residency requirement, is it possible for a separation agreement to be drawn and executed in NY? And can the divorce papers then be filed one year after the date of separation? 2. Can the separation agreement and divorce be carried out in the state that we were married (Nevada)? Also, she has a two-year-old child from a previous relationship. What would be my responsibilities toward this child? Would support be required on my part? (She supports the child on her own, and does not receive support, nor has filed for support, from the child’s father, which does see the child a few times a month). Also, could I receive visitation/partial custody rights?

1. An action for divorce or separation may be maintained in New York when a) the cause occurred in the state, and either party has been a resident for a continuous period of at least one year immediately preceding the commencement of the action; or, b) either party has been a resident of the state for a continuous period of 2 years immediately preceding the start of the action. Thus, if you lived together with your spouse in New York and she was a resident of New York for one year or more, or she lived in New York for more than two years before the action, New York would have jurisdiction, and you can file for both separation and divorce in New York.(DRL Section 230).

2. Unless you had legally adopted the child, which your spouse had before your marriage, or you contractually obligated yourself to support such a child in some agreement between you and your spouse, you have no obligation to support such a child. You also do not have any legal standing to demand visitation or custody rights since you are not legally tied to such a child.

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Leonard M. Weiner, Esq./Divorce Solutions