Can I file for divorce in VT while there is a pending divorce action in NY?

[bbinnys]

What is the name of your state (only U.S. law)? Vermont

Can I file for divorce in Vermont while I am a defendant in a pending divorce action in New York State? The grounds would be different.

Wife is in NY. Marriage was in NY. Wife began action began in NY. I filed a Notice of Appearance. There is no complaint yet... only the initial Summons and my Notice of Appearance.

I am in VT and meet Vermont's residency requirements.

It is a hardship for me to travel to NY and defending myself there is difficult and expensive. The laws are much simpler in Vermont. No children. No equitable distribution.

A No-Fault divorce in Vermont looks like a piece of cake compared to New York State's laws.

Would there be a debate about jurisdiction? Would my wife have to agree to a change of venue? Do I have to mention the pending action when I file?

tx.

B

 

[Ohiogal]

NOpe, you cannot file in VT. You gave NY jurisdiction. Also don't start various threads under the same topic.

 

[bbinnys]

NOpe, you cannot file in VT. You gave NY jurisdiction. Also don't start various threads under the same topic.

Thank you (sigh).

I thought it was a completely different topic... sorry if I caused any confusion.

Oh, do you mean two threads under the same forum?

 

[Ohiogal]

Thank you (sigh).

I thought it was a completely different topic... sorry if I caused any confusion.

Oh, do you mean two threads under the same forum?

Yes. Both threads deal with your divorce from your wife with no children/assets/whatever.

 

[bbinnys]

Yes. Both threads deal with your divorce from your wife with no children/assets/whatever.

OK, sorry.

That is a little different than other forums that I use, but I will remember it here. It makes sense from a "case" perspective.

 

[bbinnys]

Nope, you cannot file in VT. You gave NY jurisdiction.

Is a change of venue possible?

Who decides?

What criteria?

tx.

B

 

[seniorjudge]

Question:

Is a change of venue possible?

Who decides?

What criteria?

tx.

B

Answer:

NOpe, you cannot file in VT. You gave NY jurisdiction. Also don't start various threads under the same topic.

 

[mistoffolees]

Question:


Answer:

Correct me if I'm wrong, but if he could convince his stbx to withdraw the filing in NY, he could then file in VT if he meets the residency requirements. So it's not impossible, just not very likely.

 

[seniorjudge]

Correct me if I'm wrong, but if he could convince his stbx to withdraw the filing in NY, he could then file in VT if he meets the residency requirements. So it's not impossible, just not very likely.

And, I might add, if there is a global thermonuclear war soon, then this whole problem will be moot.

 

[bbinnys]

Correct me if I'm wrong, but if he could convince his stbx to withdraw the filing in NY, he could then file in VT if he meets the residency requirements. So it's not impossible, just not very likely.

I am sure that is true.

As you say, it is unlikely unless she actually wants a divorce. The laws are much simpler in Vermont.

So far, she seems to prefer to string out the process even though she initiated it. It appears that her primary goal is to torture me.

I have not been able to find a real divorce lawyer in her area. It is a small town. The lawyers that I have spoken with do not have the answers to the questions I have asked here. IANAL, but they seem like questions that ought to be routine, aren't they?

 

[bbinnys]

And, I might add, if there is a global thermonuclear war soon, then this whole problem will be moot.

Haha!

Point taken.

How can I hire a NY lawyer who can help me?

The "Find a Lawyer" feature has mostly lawyers who practice only in the New York City area.

 

[seniorjudge]

Q: How can I hire a NY lawyer who can help me?

A: Wave lots and lots of money in front of him/her/it.

 

[bbinnys]

Q: How can I hire a NY lawyer who can help me?

A: Wave lots and lots of money in front of him/her/it.

OK, I am resigned to that part.

It is a shame, because there are no actual issues in question. But, whatever...

My trouble is finding a lawyer who even knows what an Emergency Motion for Relief is.

Divorce stinks. I am sure that I am not the first to discover that.

 

[seniorjudge]

...

It is a shame, because there are no actual issues in question.

...

Sure there are. You're married, aren't you?

 

[bbinnys]

Sure there are. You're married, aren't you?

All I know is that I have been going back and forth with her lawyer for months. They ask for nothing, always want me to propose something new even when we have supposedly agreed terms, and every time I propose something they do something nasty (Protection Order, terminating my insurance to invalidate me for COBRA, etc.)

I guess I mean that they have no stated issues. I have none at all.

If they would just give me something to sign we could be done.