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I am planning on filing for divorce. I currently live in Arkansas. Can I file from another state, like NY or PA?

New York, NY |

My husband and I moved to Arkansas a year ago and he has become very aggressive and verbally abusive with me and our child. I have no family here and I am afraid of filing for divorce here with no family around to support me. Would it be legal if I take my son to NY or PA where I do have family and file for divorce there or do I have to stay in AR because of our child?

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Attorney answers 5

Posted

You have some very fact specific questions here with respect to jurisdiction. For child custody jurisdiction purposes, a child’s home state is where they have lived for the past six-months. So if you move to NY of PA, Arkansas still would be your child’s home state and the courts of NY, PA and any other state probably could not help you because they will lack jurisdiction.

You should consult with a local Arkansas attorney who concentrates in divorce and family law. They will be able to advise you about your rights under Arkansas law and what you will have to do in order to legally get out of Arkansas with your child.

Anthony Buono
Valatie, New York
AnthonyBuono.com

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.

Posted

Counsel is correct, based on your year residence, Arkansas has jursidiction for a divorce action. Please consult with a local divorce/custody attorney to explore your options. Best of Luck to you.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

That would depend on the custody statutes in the state you presently reside. You would not meet jurisdictional requirements in New York until you have resided here for a while. You might want to consider consulting with a local domestic relations attorney. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Posted

Based upon your circumstances, you do not meet the residency requirement to file a divorce in New York. See below:

In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. The requirements are as follows:

Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)

Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.

Posted

You would have to meet the residency requirements of the state that you move to in order to file for divorce there. As for custody, the state that you move to will only have jurisdiction over custody matters to the extent that you have lived in that state for at least 6 months. Will your husband consent to the move with your son?

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