Friday, January 17, 2014

Determining Where to File for Divorce in the 21st Century World of Mobile Families

                   “Not all those who wander are lost.” – J.R.R. Tolkien, The Fellowship of the Ring

In the world of mobile families, complex international marriages and overburdened courts, would a New York court accept a divorce case, filed by the husband, an Irish resident, British passport holder and citizen of the European Union against the wife, a U.S. citizen who prefers to reside in Ireland? Apparently, the answer is yes.
In a recent Putnam County Supreme court case, Mr. S. filed for divorce in New York and his wife opposed it, claiming that New York State had no jurisdiction to end the parties’ marriage. Under New York State law, when you commence an action for divorce, the first thing that needs to happen is that the court needs to verify that there is jurisdiction.
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