Legal Question in Family Law in New York

Divorce
Before getting married I lived in NY for 50 yrs. I got married in VA in 6/03. For the 1st 9 mos. I lived in NY, he in VA. I moved to VA in 3/04 & moved back to NY in 9/05. NY Residency: May I use, ''the cause occurred in the state (NY) and either party has been a resident thereof for at least 1 yr. immediately preceding the commenction of the action'' or, ''if you & your spouse were married outside of NY & never lived together as husband & wife in NY and the grounds did not occur in this state, either you or spouse must presently be a resident of NYS & lived here continuously for 2 yrs. prior to bringing the action''. Do I have to wait 2 yrs. or can I file now since I've been here for more than a year. I left VA because he could not keep a job and I couldn't afford to support us both on my salary. He was supposed to return to NY but will not be doing so.

Asked on 12/29/06, 11:38 am

Jason Stern Law Offices of Jason Stern

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Re: Divorce

You have to wait until 9/07 before filing. If you need representation or a consultation, you may contact me via email.

Happy New Year!

Answered on 12/29/06, 12:59 pm

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