Legal Question in Family Law in New York

which state do I legally reside

I am in the military stationed in Texas, retained NY driver liscence, wife lives in Arizona, married in NY in 2001, which state do I file for divorce in? No kids no assests.


Asked on 9/25/01, 9:41 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: which state do I legally reside

NY Domestic Law section 230 states the following:

"An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action."

It seems that you must commence the action in Arizona. However, you must ask an Arizona attorney if you meet that State's jurisdictional requirements.

Mike.

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Answered on 11/07/01, 8:40 am


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