Filing for Divorce in a different state

[roomie]

NY

Hello, thank you in advance! My spouse and I were married in California. He is a long-time Cali resident while I just moved back here in NY less than a month ago. Divorce will be uncontested but I understand that there will be residency requirements which is where my confusion lies. And I think he's giving me a hard time. Not sure if this is relevant but we got married in 2006, I moved to NY in 2011 and he filed for divorce in 2012. The case was dropped for non-appearance and we're still married. Please advise how to best file.

 

[Ohiogal]

NY

Hello, thank you in advance! My spouse and I were married in California. He is a long-time Cali resident while I just moved back here in NY less than a month ago. Divorce will be uncontested but I understand that there will be residency requirements which is where my confusion lies. And I think he's giving me a hard time. Not sure if this is relevant but we got married in 2006, I moved to NY in 2011 and he filed for divorce in 2012. The case was dropped for non-appearance and we're still married. Please advise how to best file.

How does New York have jurisdiction over your husband if he has never lived there? Hint: it doesn’t based on what you have said. File in California.

 

[adjusterjack]

Please advise how to best file.

Do you want any of his money or property?

Does he want any of your money or property?

 

[commentator]

And do remember the old adage, "Don't take advice from your enemy." There is no such thing as a no trouble friendly divorce, and you should completely assume that your soon to be ex is giving you advice that will be advantageous to him. Get an attorney immediately, do not try to cut costs by "sharing" an attorney, and do not listen to your spouse, who yes, is giving you a hard time. Do listen to your attorney.

 

[Ohiogal]

And do remember the old adage, "Don't take advice from your enemy." There is no such thing as a no trouble friendly divorce, and you should completely assume that your soon to be ex is giving you advice that will be advantageous to him. Get an attorney immediately, do not try to cut costs by "sharing" an attorney, and do not listen to your spouse, who yes, is giving you a hard time. Do listen to your attorney.

And make sure the attorney is in California, or you at least consult one in California.

 

[LdiJ]

And make sure the attorney is in California, or you at least consult one in California.

If there are no children and no property to fight over can't she file in NY? She has been an NY resident for 12 years so CA certainly wouldn't have jurisdiction over her. If she can't file in NY then he couldn't file in CA either.

 

[adjusterjack]

If there are no children and no property to fight over can't she file in NY?

I'm thinking the same thing.

 

[adjusterjack]

Please advise how to best file.

Several NY DIY divorce resources with court forms and instructions.

ny diy divorce packet at DuckDuckGo

You haven't answered my questions, but if the answers to both happen to be no, you could probably get this done easily and cheaply without a lawyer.

 

[Ohiogal]

If there are no children and no property to fight over can't she file in NY? She has been an NY resident for 12 years so CA certainly wouldn't have jurisdiction over her. If she can't file in NY then he couldn't file in CA either.

Yes he can. Because she lived in CA with him. If he has no ties to NY .. as in never lived there, then NY would not have personal jurisdiction over him. Unless he consents. CA would have personal jurisdiction over her because she lived there with him.

 

[LdiJ]

Yes he can. Because she lived in CA with him. If he has no ties to NY .. as in never lived there, then NY would not have personal jurisdiction over him. Unless he consents. CA would have personal jurisdiction over her because she lived there with him.

But that was 12 years ago when she lived there. A state can really assert jurisdiction over someone who hasn't lived there for 12 years just because they once lived there? Well, hopefully he would consent for her to file in NY since apparently he does want to get divorced but doesn't seem inclined to be the one to file.

 

[adjusterjack]

Well, hopefully he would consent for her to file in NY since apparently he does want to get divorced but doesn't seem inclined to be the one to file.

Assuming that he just doesn't want to be bothered and the answers to both my questions are no, she can file in NY, get him served, and he can let it go to default.

 

[Zigner]

If there are no children and no property to fight over can't she file in NY? She has been an NY resident for 12 years so CA certainly wouldn't have jurisdiction over her. If she can't file in NY then he couldn't file in CA either.

You're misreading the OP:

He is a long-time Cali resident while I just moved back here in NY less than a month ago.

I don't know what happened 12 years ago, but I suspect that they moved to California at some point since then, with the OP returning to NY "less than a month ago." NY is not the appropriate place to file, and won't be for another 11-ish months.

 

[adjusterjack]

Then OP is not making any sense.

I moved to NY in 2011

 

[zddoodah]

As I understand your post, this is the timeline:

2006: You got married in California.
2006-2011: Unclear where you lived (CA?).
2011: You moved from ?? to New York.
2012: Your husband filed for divorce in an unidentified state (CA?).
Sometime after 2012: The divorce was dismissed and you apparently moved back with your husband (in CA?).
Oct/Nov 2023: You moved to New York and your husband remains in CA.

Correct?

If so, either of you may initiate a divorce in CA. You may not file in NY until you've lived there at least a year.

 

[roomie]

Thank you for the responses! My concern now is if I can expedite the process and not wait for meeting residency in NY....OR, if my best bet is filing in Cali, can I do so online or do I have to be physically present during filing?