Filing for Divorce in a different state

[Zigner]

After 12 years...why the rush?
You don't have to be physically present in CA during the filing, and you might not need to be present at all. Your best bet would be (as advised 6 months ago) a California attorney. Had you reached out to a CA attorney then, you could be (or very nearly be) divorced now.

 

[Just Blue]

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?

Please answer zddoodah questions...on this thread.

 

[roomie]

After 12 years...why the rush?
You don't have to be physically present in CA during the filing, and you might not need to be present at all. Your best bet would be (as advised 6 months ago) a California attorney. Had you reached out to a CA attorney then, you could be (or very nearly be) divorced now.

Thank you, Zigner! Can I do this on my own, filing online and without an Attorney?

 

[Zigner]

Thank you, Zigner! Can I do this on my own, filing online and without an Attorney?

You would be wise to consult with a California attorney.

 

[roomie]

You would be wise to consult with a California attorney.

Thanks so much!

 

[Taxing Matters]

One of the problems in litigating the divorce in NY is that while the NY courts may dissolve the marriage, they would not have personal jurisdiction over your spouse for any property division and support issues because your spouse does not live in NY and presumably has no property located there either. You'd have litigate those issues in California. So if you need to resolve those sorts of issues too, might as well just do the divorce in California too.

 

[gastelumattorney]

Considering your spouse's long-term residency in California and your recent move to New York, consult a family lawyer firm for guidance. Options include filing in California, requiring residency, or filing in New York, possibly lessening residency constraints. Address the previous 2012 divorce attempt's implications. Legal counsel will help navigate the complexities and determine the best course forward for an uncontested divorce, ensuring compliance with state requirements.

 

[Foamback]

The OP has certainly danced around the point blank question of how long they have lived in NY.

If in the off chance the OP has met the residency of NY, then it seems that the divorce could proceed in NY


Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and

• (1) you got married in New York State, or
• (2) you lived in New York State as a married couple, or
• (3) the grounds for your divorce happened in New York State

*********************************
There are seven grounds, legally acceptable reasons, for a divorce in New York State:

1. Irretrievable breakdown in relationship for a period of at least 6 months
   This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. Issues are settled when an agreement has been reached or they have been resolved.

Source: https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml

 

[quincy]

One advantage to filing in California, where the spouse resides, is it eliminates a possible argument by the spouse over jurisdiction, which can not only delay the divorce but increase costs.

 

[Foamback]

Excellent point

 

[LdiJ]

One advantage to filing in California, where the spouse resides, is it eliminates a possible argument by the spouse over jurisdiction, which can not only delay the divorce but increase costs.

I agree that is a good point if the circumstances are such. However, if the OP has a spouse who doesn't care and there is nothing to fight over (no assets or child custody), then its going to be more expensive to file in California. So, it all depends on the circumstances of the specific case.