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Limitations for filing divorce.

Buffalo, NY |

My husband and I have been married for 18 years. We moved to Tennessee 15 years ago and decided to end our relationship 2 years ago. We have lived apart for these past 2 years and Ive been trying to save for divorce. Recently he moved to Buffalo NY from Tennessee about 4 months ago and now he has filed for divorce and is trying to make things hard on me. Considering hes only been a resident in NY for 4 months can he still legally file for divorce. I thought there was a residency law that prohibited that?

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Attorney answers 4

Posted

There is. You can challenge jurisdiction through an attorney if you don't want to appear personally.

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Posted

The residency law doesn't prohibit filing in 4 months what it does is say that there is a minimum of time that residency is required. You can challege NY jurisdiction if you can prove that he only resided in NY for 4 monts.

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Posted

You are quite correct. Four months is not long enough to meet the jurisdictional requirements in New York for a divorce. Whether it is in your interests to challenge this, may be another question, as the practical result is he will refile after meeting the residency requirements and the issues that truly need to be resolved will likely be just the same. You should speak with a local attorney to assess your options. You can find contact information for a local attorney here on Avvo. Good luck!

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Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

You can object to NY's jurisdiction since he doesnt meet the residency requriements. You should contact a NY attorney, they should be able to get the case dismissed or transferred to Tennessee.