Legal Question in Family Law in New York

Divorce

living in New York for 16 months, left spouse in Sept.,05, he's in Florida. No

legal separation. Will that hinder my getting uncontested or one signature

divorce in New york


Asked on 2/19/06, 8:04 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce

If/When you meet NY "residency requirements;" AND, IF you have "grounds" for a divorce, per NY Law, then your move from Florida, should not be a problem.

However, if both circumstances do not exist, YOU MIGHT want to consider filing for divorce in Florida.

Please be advised, that NY is a "fault state" with respect to divorce. There is no such thing as "a one signature divorce," whatever you may mean by that expression. A Defendant Spouse, MUST be Served, with a Divorce Summons/ Complaint; and a Defendant spouse can CONTEST a divorce, during the process, in NY at any time if the Defendant/Spouse did not othewise Waive the right to Answer and Contest.

Good luck,

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Answered on 2/19/06, 8:46 pm


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