This legal question was provided by Avvo.com. You can view the original question here.
Question:
I am a resident of NY, but my son’s custody is still pending in NC. The child support is done. can I file my divorce in NY?
Download Our Free Divorce Guide
The custody case for my son is pending in North Carolina. The child support has been settled and we have not property. Can I go ahead with the divorce in New York (where I am a resident), Also what type of divorce should I file for Uncontested or something else?
Answer:
You can file for divorce in NY if you meet the residency requirements to do so. These are contained in the NY Domestic Relations Law.
1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state together while married and either party is a resident here when the action is commenced and has been a resident for a continuous period of 1 year immediately preceding, or
3. The cause occurred in NY and either party has been a resident thereof for a continuous period of at least 1 year immediately before commencement of the action, or
4. The cause of action occurred in NY and both parties are residents here at the time of the commencement, or
5. Either party has been a resident of NY for a continuous period of 2 years immediately preceding the commencement of the action.
Venue to determine custody, however, may become an issue. It is possible that even if you meet the requirements to file for Divorce in NY, you may need to wait until custody is resolved in NC. I suggest that you consult with an experienced NY Attorney to discuss the specific facts of your case.
Would you like to know how to apply for divorce in New York State? If so, contact the experienced Saratoga Divorce Attorney Jean Mahserjian.
Download Our Free Divorce Guide
