Legal Question in Family Law in New York

Jurisdiction

I filed for divorce in Fl. and served my husband who resides in NY. I came here to Fl. and he told me not to come back or call him. He moved another woman, who is married to another in my house, and they have a child. His lawyer in Fl. that he has retained is trying to dismiss my request for dissolution of marriage for jurisdictio since I am not a resident of NY he is refusing to sell a joint peace of property that is in both our names, that he is living in sin with that married person. What can I do to fight this, I cannot afford an attorney. I am sure that I am not the first person in this pridicament. Help.


Asked on 10/04/04, 8:40 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Jurisdiction

For a Court to acquire jurisdiction over a Party to an Action for Divorce, or any action, w/o consent, a Party or the Subject Matter of the action, MUST have ties to the state.

Which in your case, may not exist between You, your Husband, your Marriage Res or property and the state of Florida. So, it is likly your case will be dismissed in Florida.

However, you may file for divorce in NY, which is where you probably should have filed in the first instance.

If you are in Need of support, and your husband has the ability to pay you from his and your income and assets, you are entitled to Petition or Motion in NY Family and Supreme Court for Support.

If you are unable to pay your attorney, in Family or Supreme, the Court can also require that your husband pay your legal fees.

Consider contacting local law school legal clinics for low cost legal assistance.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/05/04, 1:32 pm


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