where should I file for divorce

[sdw346]

What is the name of your state (only U.S. law)? ny, i have been married for 33 years in new york state, i have currently beeen seperated (not legally) for 4 years and live in nc. Where would it benefit me to file for divorce ny or nc. we own property in ny.

 

[LdiJ]

What is the name of your state (only U.S. law)? ny, i have been married for 33 years in new york state, i have currently beeen seperated (not legally) for 4 years and live in nc. Where would it benefit me to file for divorce ny or nc. we own property in ny.

Where does the other spouse live?

 

[Ohiogal]

Has your spouse ever lived in North carolina?

 

[sdw346]

spouse lives in ny, no he has never lived in nc

 

[mistoffolees]

spouse lives in ny, no he has never lived in nc

You can file in either location. HOWEVER, if you file in NC, you will find it difficult, if not impossible, to enforce any property settlement you receive.

If you have a good relationship with your stbx and can agree on division of assets (and if you believe he will follow through), then you MIGHT consider divorce in NC. it's still risky.

 

[Golfball]

As mist says, it will be difficult, if not impossible to enforce an NC equitable distribution covering NY property, when the STBX has never lived within NC. (The property distribution could be void for lack of personal jurisdiction over the STBX.)

If the STBX has themselves actual contacts with NC, it may change things, however, the contacts have to be made by the STBX.

And, if you somehow manage to serve the STBX (for the equitable distribution) while they are physically within NC, NC will have jurisdiction to divide all property. (If the defendant is physically within the jurisdiction of the forum state at time of service, then the forum state can probably get jurisdiction, regardless of how temporary that stay within the state may be.)

NC can also get jurisdiction if the STBX or their attorney file an answer improperly, which can cause objections to personal jurisdiction to be waived.


However, you have given no indication that the first is true, and the other two require both the STBX and their attorney to be asleep at the switch.

So, at the very minimum, you need to file for property distribution and spousal support (if any) in NY.