Haverstraw, NY asked in Divorce for New York

Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

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4 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: Jurisdiction in NY is dependent on several factors such as how long you have lived in NY, whether tbe two of you lived in NY when he abandoned you, where were you married, etc. Speak to a lawyer to get more specific information.

Michael J Stachowski agrees with this answer

Michael J Stachowski
Michael J Stachowski
Answered
  • Buffalo, NY
  • Licensed in New York

A: This is both a conflict of laws and jurisdictional question. You must look at residency. Florida seems to be the obvious. For New York you must have residency for more than one year. It’s residency in a jurisdiction which give rise to jurisdiction over the marriage. In New York you have distribution over pensions. So choose your venue carefully consult a matrimonial lawyer in your case it’s extremely important because marital rights to support and distribution vary from state to state

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: As noted by both the attorneys who answered your question you have to live in NY for a minimum of a year. However, you can immediately go to family court and bring a spousal support proceeding based upon your current residence.

David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: To file for divorce in NY, he has to have been residing here for more than 1 year + other factors (e.g., you were married in NY, you resided in NY as Husband & Wife relatively recently, etc.). You may also wish to consult a FL Divorce Attorney as to whether you still may have jurisdiction there. Likewise, you may contact a Westchester/Rockland Divorce Attorney to schedule a consult for a full assessment.

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