Legal Question in Family Law in New York

Divorce in a different state & abandonment

I got married in the state of New York.6 months ago I moved out of the apt. where we lived together and moved to Atlanta,GA.

We have no property,the divorce would be uncontested.

Can I divorce in the state of GA and if not,can I get a divorce in New York on the grounds of abandonment??

What would the legal fees be in NYC,just for the lawyer to draw the paperwork and file??

Thank you very much for your time.


Asked on 11/30/06, 10:40 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce in a different state & abandonment

Suggest that you consult with a Georgia Atty, ASAP.

You Might be able to divorce in the state of Georgia, after establishing your legal residency there.

Whereas, since YOU, left your spouse and the marriage home, it is your spouse, not you, that would have "abandonment grounds" for a divorce, in NY.. And then, only After continuation of the abandonment for at least a year or more.

Please note, NY is a "fault" state for divorce purposes. But, legislatures and Courts in many other states have far less strigent grounds and time tables for divorces, that are w/o children or property.

Good luck,

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Answered on 11/30/06, 12:46 pm


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