Legal Question in Family Law in New York

Re: under 1 tear marriage

This is an interesting question. It defines the difference between 'jurisdiction' and the many other issues in a legal action.

The court must have 'jurisdiction' to hear a case. the court will reject any case in which there is no jurisdiction immediately. 'Jurisdiction' is the court's interest in the case.

In a divorce, jurisdiction can be established by the contents of a volume of laws titled 'Domestic Relations Law' and these laws are passed by the legislature in Albany.

The one year requirement is one of several ways established by the DRL to give the court jurisdiction.

If you meet any of the jurisdiction requirements listed in the DRL, the court in NY will accept your case. The one year is one of the listed requirements.

That is it. The 1 year will not affect the validity of the marriage or any other legal issue. It will decide only that the court will accept your case. That is it.

If that is not your question, then I will try to answer the alternative: if the total number of years of marriage is less that 1, will the court order maintenance? The answer is: unlikely absent special circumstances. I cannot think of any circumstances except illness beginning after the marriage that prevents work or that she left another geographic region (traveled) and a good job to become married in a far away place (here).

In any event, maintenance is based inpart on the duration of the marriage. And 1 year is a VERY short marriage.

You are welcome to a consultation for no fee.

Re: under 1 tear marriage

it is highly unlikely that a court would order maintenance under those circumstances. nd yes the marriage is recognized absent a ground for annullment such as fraud