Legal Question in Family Law in New York

Re: the state that has jurisdiction

Each state has its own requirements. Depending on the rules in Florida, you may be able to file for divorce in either state.

In NY you must meet the "residency requirements" and you must have "grounds."

The residency requirements are as follows:

To file for a divorce in New York you must satisfy one of the following residency requirements:

1) The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began; OR

2) The couple lived as husband and wife in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began; OR

3) The grounds for divorce occurred in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began; OR

4) The grounds for divorce occurred in New York State and both spouses are New York residents at the time the action is commenced; OR

5) If you and your spouse were married outside of New York State and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce.

If you need assistance on this or any other matter, please feel free to contact me.

Re: the state that has jurisdiction

Neither. States do not have jurisdiction over the other. They only have jurisdiction over the marriage and it's issues.

If you qualify for divorce under the residency requirements for FA, then you might qualify for divorce in both NY and FA, since you were married in NY.

Good luck,

Phroska L. McAlister,ESQ