Choosing a divorce attorney

[kattco]

What is the name of your state (only U.S. law)? AZ
My wedding certificate is from NY which is where the ceremony was performed. However my husband and I have always lived in AZ. We are currently seperated and I'd like to move back to NY to be with family. When we start divorce preoceedings, do I need to use an AZ lawyer or can I find a lawyer in NY.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Ohiogal]

You will most likely need an AZ lawyer -- especially if you start anything now. You would have to wait to file in NY for many months. And then you would have to show that NY has personal jurisdiction over hubby.

[michael-k]

Hi,

Here are the Residency Requirements for filing for divorce in New York:

For New York State Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied:

1. The marriage ceremony was performed in New York 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.
2. The couple lived as husband and wife in New York 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.
3. The grounds for divorce occurred in New York 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.
4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.
5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.

Residing "continuously" in the state does not mean that the party can not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York.

Best of Luck,
Michael

[kattco]

Michael,

That was really helpful. Thank you so much for your post.

Cheers,

Kat