Showing posts with label jurisdiction. Show all posts
Showing posts with label jurisdiction. Show all posts

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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Wednesday, October 24, 2012

Which Court Do You Go To With a Family Dispute in New York? Part 2


Part 2: The Limited Resources Divorce
Alla Roytberg of www.goodlawfirm.com discusses supreme court versus family court and which to choose when you have limited resources.As I explained in my last blog,  a  family where one party is just seeking custody, can go to Family Court.  If a person just seeks child support or spousal support, he or she can go to Family Court. If,  however, a party is asking for a divorce, that party must file an action for divorce in a Supreme Court. If  he or she needs a judge to help divide pensions, assets or liabilities, he or she must file in the Supreme Court as well.
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