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Estranged wife is suing me for divorce in california. Can i counter sue for abandoment in new york

Schenectady, NY |

Married 23 years end of july seperated over 20 years

Attorney Answers 4


  1. No. If the case is in California all claims and counterclaims must be brought there.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  2. Other Counsel is correct. That being said I would still discuss with a New York State licensed attorney. Many times you can actually find a New York attorney with a duel license in New York and California.

    There would be incredible advantages to retaining an attorney who is duel admission.

    That being said I would also say their are many advantages to hiring a local attorney here the case is pending , their knowledg3 of the local Judges and opposing attorney some times can be a great help.

    Good Luck

    BRAD S. MARGOLIS,ESQ.

    We are here to help.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY MARGOLIS BY MARKING IT SO because Avvo awards the attorney points.


  3. Jurisdiction, if correctly exercised in California, now rests there. Had you had jurisdiction in NY and filed prior to her, you could have forced the litigation to take place here under NY law. One big difference is community property versus equitable distribution. You will be stuck with the former unless there was a pre-nupital agreement or an opting out agreement. On the bright side, it should be a lot faster than NY, since 50/50 is imposed regardless of any equities.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. One state at a time, first state where the action is filed controls. If the case is dismissed in CA, then you can file in NY. Consult with lawyers in CA and in NY.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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