My wife filed for divorce in Nassau county in New York. However, she stated her parents old address as her address when she filed for divorce even though she does not live there. We both live in the 5 boroughs.
You can physically file another divorce action in another county within the 5 boros but it seems like a waste of time and money. The party that files the case generally gets to pick the county, which we call "venue." The case should be venued in the county where a party resides, where the kids are, etc. As stated by the other lawyers, you can contest the venue but, why would you want to do so?
Many people involved in divorce litigation engage in more litigation than is needed. This results in more time, energy and money being spent on the divorce rather than working towards a resolution.
While I handle litigated divorces, I think its wise for you to sit back and think about what you are trying to accomplish. What will you gain, if anything, from a court in Queens/Brooklyn/NY/ Staten Island or the Bronx that you will not obtain in Nassau? If you will gain nothing, why do it?
Once you determine why you want to move the case, you can act from that point.
Please, before you fall into the traps of litigating your divorce, consider mediation (through me or another divorce mediator). Even if you can only resolve some of your issues, you can save yourself tons of time, money and stress via mediation.
Cory Rosenbaum, Esq., NonToxicDivorce.com
You can't seek the same relief (divorce) in different courts at the same time. You may be able to make a motion to change the venue for lack of jurisdiction.
No. You only get one divorce action in one county with one wife. If she filed first then that's what you go with. The county she chooses makes no difference. NY plaintiffs can designate venue in any county they want. It's a quirky state for sure.
Good luck.
You may have grounds to attack venue - but the bottom line will simply be that the case gets moved. You may find it expedient to handle the divorce in Nassau.
Basically, no unless you can demonstrate that there is no jurisdiction to file where she did, and request transfer to your county from the court. Will it make a big difference?
If she does not live in Nassau, then you can request a stipulation to change venue. If she refuses, then you can file a motion to change venue to where either she lives or you live.
If you can show she used an untrue address, then you'd appear to have a good basis to file a motion to change venue. Be aware, however, that if you have children & she has (informal) custody of them, then the preference is to file the case where the mother resides with the children. In any event, schedule a consultation with a NYC Divorce attorney for a full assessment.
What is your particular concern? If this was filed uncontested, Nassau would likely be quicker. If it's contested, you can make a motion to change venue, but in any event, you should only be involved in one divorce action at a time. ;)
