Legal Question in Family Law in New York
getting the most in divorce
my father cheated on my mother
multiple times. he is now caught. he is
wealthy. they have residence in florida
and nys. which state should she file in
to get the most money?
3 Answers from Attorneys
Re: getting the most in divorce
To establish proper residency, look at the time spent in each State and where personal income taxes have been filed.
Re: getting the most in divorce
It depends not on residency, but where their domicile is. A person can have many residences, but only one domicile. It is usually the state where taxes are paid, votes are cast, etc., and it is important that no matter where one actually resides, they act overtly to maintain their domicile.
You should file in the state where they are domiciled.
Re: getting the most in divorce
Each state have residency requirements for a divorce. So merely owning property does not mean that they can file divorce, they must have been residents of the state for a period. In NYS there is a one year requirement if the parties were married there or the cause of action for the divorce arose there. So the distribution of the property will only be applicable if they meet those requirements.
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