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divorce in no fault state when i live in a different state

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dcny2008

Junior Member
What is the name of your state? NY


Hi
I (w/ our child) & husband (living apart for three years) live in NY. his divorce action was dismissed (w/prejud) because he couldn't prove his ground. He is now trying to establish in state which has no fault divorce eg CT, NV
How will that court determine custody, ED specially since I & the child live in NY? Also the father works in NY and file taxes in NY.

What can I do to stop that court from granting divorce and keep the divorce case in NY?What is the name of your state?
 


LdiJ

Senior Member
What is the name of your state? NY


Hi
I (w/ our child) & husband (living apart for three years) live in NY. his divorce action was dismissed (w/prejud) because he couldn't prove his ground. He is now trying to establish in state which has no fault divorce eg CT, NV
How will that court determine custody, ED specially since I & the child live in NY? Also the father works in NY and file taxes in NY.

What can I do to stop that court from granting divorce and keep the divorce case in NY?What is the name of your state?
If dad establishes residency in another state, then he will be able to file for divorce in that state. However, that state would not have jurisdiction of child custody matters.

I suggest that you file for custody in NY to get that established. You don't have to be divorced to file for custody.
 

BL

Senior Member
You can also file for child support ( separately ), and Custody-Visitations in Family Court , then when a divorce action is being settled the Family Court Orders can run concurrently with the divorce orders .
 

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