Legal Question in Family Law in New York
Residence requirement
In my wifes divorce papers,it is stated that she has lived in the state of New York for a continous period of 2 years preceeding this action.In fact,she has NOT lived in New York,but rather in the state of New Jersey,which I can prove to be true.Does this qualify me to make a motion to have their case dismissed at this time? Any information realting to this area would be so greatly appreciated.Thanks,ken
2 Answers from Attorneys
Re: Residence requirement
New York must have subject matter jurisdiction before it can hear a divorce case. This would be satisfied if EITHER party was a resident for the two years preceding the commencement of the divorce action. It can also be satisfied in other ways, depending on the facts of the case.
If you move to dismiss the action, it is possible your wife will amend her complaint, IF she qualifies under another theory.
Suggest you consult with an experienced matrimonial attorney, to advise you of your rights and your options. It is generally best to negotiate a settlement, rather than engaging in motion practice.
Re: Residence requirement
You require an agressive attorney to counter any trick that your wife and her attorney may pull to wiggle out of the NY residence requirement.
Always remember: In NY State divorce cases, the truth and the law--as written--may not always be on your side if you are a man. You need a good attorney to make them both work for you.
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