Legal Question in Family Law in New York

Re: Divorce/Child Support

Whether you can file in any particular state depends upon the laws of that state. If you are in New York, there is a residency requirement and the requirement that you have grounds for the divorce.

New Jersey law is different, and allows for no fault divorce. However, to file in New Jersey, you have to meet that state's residency requirements.

Child support is not the same from state to state.

You should consult with a matrimonial attorney in your area to discuss the way the various factors would apply to your case.

Re: Divorce/Child Support

To add to what David wrote. Jurisdiction in NY is set forth in NY DRL section 230 which states:

"An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action."

Mike.

Re: Divorce/Child Support

How long have you lived in NY?

Have you lived in NY for more than a year?

Were you married in NJ?

Abdul Lloyd Bet, Esq.