Legal Question in Family Law in New York

Spousal Support

I have a friend who was married in the state of VA. His spouse left and went to NY, he remained in Va. They have been separated for 4 years. Spouse filed spousal support and child support in NY. The spouse is now living in NH. No custody of visitation has been addressed. Questions: If my friend files for divorce, one, can the spousal support be addressed in the divorce decree? Two, will the courts in NY honor the divorce and terminate the spousal support order if he presents divorce papers when he goes back to court? After 4 years of separation is there anything for her to contest (there is no property involved other than the child)? And lastly based on everything, would this be a costly divorce (more than $500).


Asked on 7/20/04, 5:02 pm

2 Answers from Attorneys
Peter J. Kelley Peter J. Kelley & Associates

Re: Spousal Support

States are required by the U.S. Constitution to honor the judgments of sister States. New York courts would very likely be happy to recognize the Virginia divorce, even as to matters of support that the New York court may have dealt with earlier. This is especially true if neither party lives in New York. By the way, a $500 divorce is virtually unheard of among reputable attorneys in New York. Normally an uncontested divorce where children are involved costs closer to $1,500. Court fees alone are about $300. If the couple battles it out in court the cost can easily exceed $20,000 for each party. "Expensive" starts at that level.

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Answered on 7/21/04, 9:22 am
Tommy Smith Law Offices of Tom C. Smith

Re: Spousal Support

Your friend could potentiall get personal jurisdiction over the spouse her in VA. If they last lived together in VA the friend should have no problem.

NY must honor the decree if the friend obtains personal jurisdiction.

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Answered on 7/20/04, 8:39 pm


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