Legal Question in Family Law in New York
What is my best option?
Hello, and thank you for taking the time to review my question. I am a single mother and full-time graduate student with two children. Their father and I seperated August of 2005 and due to my inability to afford a divorce, we are still married. He left the house at my request, due to his infidelity and is now in South Carolina after being terminated from his job. We have custody and support orders already in place. My question is, I am moving to Tennessee in early January, but my parents are willing to lend me the money for a divorce, but is it in my best interest to wait until I move there to file or should I file right now here in New York? I really just want to end this as soon as possible. Also, since he is employed and I am not, can I request through the divorce proceedings that he pay some or all costs since his actions brought us to this point? I am just not sure if there are advantages to starting and having the divorce done here over Tennessee. I have family here, so returning for the required court appearance is not an issue.
Thank you so much!
Lynn
2 Answers from Attorneys
Re: What is my best option?
Lynn-
If you're reasonably certain that your spouse will not contest the action, there's no reason not to file before you leave. New York's equitable distribution and child support orders are enforceable in any state.
However, if there's even a suspicion that you might face opposition, waiting until you establish residence in Tennessee may be a good idea: that state offers no fault divorce, so opposition won't matter, and, of course, will have its own child support standards, although they may not be as good as the standards here.
Re: What is my best option?
It is most convenient to do it now, in New York, because of the legal rules of civil procedure.
One of the rules that must be followed is 'jurisdiction' and jurisdiction (in a case like this) would be established by residence. That means you must reside in a place for a period of time (usually 2 or 3 years - in NY it is 2 years and I do not know the Tennessee rule) in order for the court to have the legal right to hear your case (for the court to have jurisdiction.)
You can file now and then immediately move to Tennessee and (i) NY will have jurisdiction now and (ii) the court will deliver an order or decree of divorce within 6 weeks of your filing by mail to your new residence in Tennessee (or your parents home in NY).
You are welcome to a consultation for no fee. Email is best to set up an appointment.
That is why doing it now will fill your needs best.
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