Legal Question in Family Law in New York

I was divorced in NY but I moved out of state. Can I sue my husband for maintenance in NY even though we are both out of state?


Asked on 8/11/12, 7:44 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

Why would you want to sue in NY if neither of you is there? One reason for jurisdictional rules that prohibit suits from being started in states/locales where neither party lives is that it doesn't make sense for the parties to travel to a far away place, to have a judge who is not within their community, impose a judgment upon them. Perhaps more importantly, I do not see what basis you would have to sue an ex-husband for maintenance. The time to seek maintenance was during the course of the divorce.

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Answered on 9/05/12, 7:01 pm


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