Legal Question in Family Law in New York

My rights in a divorce in New York

My husband and I are currently living in different states. I have been considering a divorce because he cheated on me. But, we have two children. He wants to reconcile. I am unsure. If we do reconcile, my children and I may move to NY. In the event of that move, I lose my NH residency. If it does not work for us- how soon can I file for divorce in NY? Do I have to be a NY resident to file? How soon is residency established? What are my rights in the event of a divorce? Is there an attorney in this state that could give advice via telephone?


Asked on 3/24/05, 11:50 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: My rights in a divorce in New York

Before returning to NY and the marriage, you might want to consider entering into a written "post nuptial" agreement concerning all the terms and conditions you are concerned about, in the event the "reconciliation" does not work out.

Also, you can even agree or consent in writing, to any particular state Court's jurisdiction, in advance, re the ancilliary issues of your marriage.

Therefore, if YOUR home state is NH, a NH attorney may offer you counsel, as well as a NY attorney. Since, NY does recognize Post Nuptial agreements and application of other states domestic relations laws.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 3/29/05, 1:43 pm


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