Monday, August 16, 2010

Can You File Your Divorce Action in New York?

Welcome back to my divorce blog.

     If you have made the decision to divorce your spouse, the next consideration is whether you can file your action for a divorce in New York.  There are residency requirements that need to be met for the Courts in New York State to have jurisdiction over your case.  Jurisdiction means that the Court has authority to do something, in this case, entertain your complaint for a divorce and render a decision.

THE COURT WILL HAVE JURISDICTION:

1.  If either you or your spouse has resided in New York for a continuous period of more than two years (two years and one day), you can file your divorce in N.Y.

2.  If you have lived in New York State for more than one year (one year and one day) and you were married in New York State and lived with your spouse in New York State and the cause of action took place in New York State, then you can file your divorce in New York State.  Even if you no longer live in New York State but your spouse has lived in New York State for more than one year and the two of you were married in N.Y.S. and  both of you lived here and the cause of action occurred in N.Y.S., you can file your divorce here. 

3.  If the cause of action occurred in New York State and both you and your spouse were residents of N.Y.S. at the time you file for a divorce, the Courts will have jurisdiction over your cause of action.

     In my next post I shall deal with cause of actions.  In New York State a spouse can now get a divorce by stating under oath that the marriage has been irretrievably broken for at least six months.

http://pview.findlaw.com/view/2167974_1

  

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