Legal Question in Family Law in New York
Separation Agreements
We were married in Michigan, but she now live sin Florida and I in New York. In which state should the separation paperwork and/or divorce be filed?
2 Answers from Attorneys
Re: Separation Agreements
Divorce can be filed in NY if one of the following circumstances apply. I cannot speak for Florida or Michigan.
Plaintiff has been a resident of New York for a continuous period of at least two years immediately preceding filing for divorce. OR
Defendant has been a resident of New York for a continuous period of at least two years immediately preceding filing for divorce. OR
The grounds for divorce occurred in New York, and both parties were residents of New York at the time of filing for divorce. OR
Both spouses were married in New York as husband and wife, and either spouse is and has been a resident of New York for a continuous period of one year immediately preceding the divorce action. OR
Both spouses have resided in New York as husband and wife, and either spouse is a resident of New York when the action commenced, and has been a resident of New York for a continuous period of a year immediately preceding the action. OR
The grounds for divorce occurred in New York, and either spouse has been a resident of New York for a continuous period of one year before filing for divorce.
Re: Separation Agreements
I'm not clear as to whether there are minor children in the equation. If so, then do all legal transactions in the State whereat the children reside. If not, then where the Plaintiff has the legal residency -- in most states it's 6 months or more.